Our marketing and commercial team have updated the trademark design, do we need to file a new registration?
Andean Decision 486 states that “there is no loss of protection if the trademark is used in a different form than it was registered when the changes are only in secondary details or minimal features that do not alter the distinctiveness.” Art. 166 Andean Decision 486
“We need to analyze whether the used mark maintains the essential elements of the registered mark, and whether the additional or removed elements dilute or keep the distinctiveness of the mark.” Andean Court 213-IP-2018
