Questions

In the trademark law, the principle of territoriality prevails, which is that the registration of a trademark will have exclusive effects only within the territory in which it is protected.
However, there are cases such as:
· The right of priority, based on the Paris Union Convention for the protection of industrial property, which the applicant obtains from a trademark registration in all the countries that make up this agreement. It is based on the date of submission of the first application, the applicant may request protection in the Contracting States against subsequent applications. For brands the period is 6 months.
 
· The right of preference enjoyed by users of the Andean Community countries, which is that a legitimate interested party can use the legal figure of the Andean Opposition. This means that the owner or applicant of a trademark may oppose another trademark registration filed in any CAN country, showing their real interest.
 
· The registration of the Community trade mark in the European Union, which consists of the fact that through a single procedure the protection of the sign can be obtained in all EU member countries.
Intellectual property does not protect ideas, but expressions. For example, anyone can have the idea of ​​a hamburger fast food restaurant, but what is protected are the creations that form the idea, such as brand, distinctive appearance, trade secrets, etc.

However, if the idea is a trade secret, for example, to appear before a future investor, it can be protected by means of undisclosed information, provided that the following requirements are met: be secret information, have economic value and have been taken the necessary measures to maintain its confidentiality.
It depends. In the trademark law, the principle of specialty prevails, which consists in the fact that identical or similar brands can coexist, as long as they identify products or services that are not competitively linked. In this way, there will be no risk of confusion between brands. Marks are classified by classes, under the Nice Agreement of June 15, 1957 with annual updates. This classification contains 34 kinds of products and 10 kinds of services, according to its international nomenclator.

This principle does not apply to well-known brands, which, due to their level of knowledge in a given or total public, enjoy special protection even if the products or services of the confronted brands are not competitively linked to each other. Examples of notorious brands are Mc Donalds, Coca Cola, Nike, among others.
It is highly possible. If a third party registers the same brand, it could initiate actions against you to stop using your brand. However, if what you have been using is a trade name, you can show that you have obtained a prior right and that it prevails over such registration. Also if we can prove that the new applicant has registered the trademark in bad faith, it is possible to cancel it.
In any case, the necessary legal actions will take time and money, which will cause an inconvenience for the entrepreneur who did not register his trademark, even if he has used it for many years.
Yes, it can be protected under the modality of trade or industrial secrecy, provided that the following requirements are met: it is secret information, it has economic value and the necessary measures have been taken to maintain its confidentiality.
Our current regulations presume that the economic rights of all creations developed under a dependency relationship belong to the employer, because they are created at the request of the company, at its own risk and cost.
However, if the parties agree on different conditions in the employment relationship on the economic rights of the creations or on their economic distribution, it is totally valid. In these cases it is recommended to negotiate the situation beforehand.
The duration of a trademark registration process, if there is no opposition, is approximately six to eight months.
Through the protection, management and economic exploitation of its intangible assets. The creator, inventor or creative can receive economic values ​​as a result of the use of his intellectual creations. Intangible assets can be marketed through different modalities such as licensing, transfers, franchises, etc.