In most Latin American systems, and in many African ones, the exclusive right to a trademark comes from registration, not from use: whoever files first usually wins. The most common victim is a European company whose local distributor, agent or partner registers the brand before it does. Effective cross border IP protection therefore means filing before you enter the market, writing ownership into your distribution contracts, watching local gazettes and knowing the remedies against agents and bad-faith filers. This guide is for European exporters and investors preparing to enter Latin America or Africa.<\/p>\n
The rule is written into the law. Article 154 of the Andean Community’s Decision 486<\/a>, which applies in Colombia, Peru, Ecuador and Bolivia, says the right to exclusive use of a mark is acquired by registration. Mexico’s LFPPI<\/a> (Article 170) says anyone may use a mark but exclusive use is obtained by registering it. Brazil’s Law 9.279\/1996<\/a> (Article 129) follows the same logic, with one exception: a party that was using an identical or similar mark in Brazil in good faith for at least six months has a right of precedence. That exception helps only if you were already trading in Brazil.<\/p>\n The practical consequence is that selling into a market, or announcing that you will, creates a window in which anyone can file your brand. Trademarks are also territorial: under the Paris Convention<\/a>, a registration in one country is independent of registrations elsewhere, and the priority period to extend a mark abroad with its original date is six months.<\/p>\n The pattern is familiar. A European manufacturer appoints a distributor, the distributor needs to import, advertise and list products, and it files the mark in its own name, sometimes to protect the investment, sometimes as leverage. When the relationship ends, the European company finds it cannot sell under its own brand without the former distributor’s consent. The laws of the corridor recognise this risk:<\/p>\nHow do distributors end up owning your brand?<\/h2>\n