Los signos mercantiles distintivos del empresario, la empresa y el establecimiento de comercio: visión crítica de su relación
Trade name has been traditionally confused by the Colombian law authors with others institutions like social denomination and social reputation; however, trade name is a distinctive sing of the commercial activities that a trader carries out and is not a distinctive sing of the trader as a person. F...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad del Norte: Ediciones Uninorte
2003
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=2347530 |
| Source: | Revista de derecho: División de Ciencias Jurídicas de la Universidad del Norte, ISSN 0121-8697, Nº. 19, 2003, pags. 72-90 |
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| Summary: |
Trade name has been traditionally confused by the Colombian law authors with others institutions like social denomination and social reputation; however, trade name is a distinctive sing of the commercial activities that a trader carries out and is not a distinctive sing of the trader as a person. For this reason, the commercial register that the Chambers of Commerce set up, is not an effective mechanism of protection for this intangible good, because this register is restricted exclusively for the social denomination and social reputation. Therefore, the deposit of the trade name in the Office of Industrial Property is neither a protection for the trader who is the subject of the rights that this sign confers. Then, it is time to propose a critical vision of the trade name; also, it is convenient to postulate alternatives for its effective protection, not with the aim of establishing definitive conclusions, because the real purpose is to propitiate the debate. |
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