Historically the trademark law had a later development than the Copyright and Patents laws. However, the origin of the trademarks and distinctive signs is found in ancient times as a way to indicate or authenticate the provenience of the products with public and commercial character.

In the sixteenth century in Latin America trademarks were not needed since there was a prohibition of free trade in the colonies. The first legal instrument known as a remote precedent is a tariff regulation for the free trade in Spain and the Indies that ordered that all products sent to India should have had a trademark. This document was issued in 1778.

From the second half of the nineteenth century, almost all Latin American countries promulgated trademark laws influenced by the French system that contemplates that trademark right begins with the use. During the seventies many trademark laws were modified influenced by the communist movement and the rejection of the foreign but from the second half of the eighties the change of economic systems started reforms in the trademark systems.

There is a close relation between the evolution of the economy and the meaning of the trademark. At the present the laws that are part of the trademark system are protected because they are fundamental to national and international economic activity, in order to avoid obstacles and distortions to trade of goods and services. The TRIPS Agreement, which came into effect on 1 January 1995, is to date the most comprehensive multilateral agreement on intellectual property.

In regard to Paraguay, there was a legislative gap until 1889 when the first Trademark and Trade Law was promulgated. Even though the Paraguayan law only contained general provisions, it accomplished its purpose by giving a practical solution to the problems of that time.

The Trademark Law of 1979 introduced important innovations that improved substantially the previous law but after the ratification of the Trips Agreement, the Paraguayan Trademark Law should have included the new provisions. Almost twenty years passed without this update. Finally, a new Trademark Law was approved in 1998 and it has been in force in our country since then.

We can safely conclude that we are long overdue of a new legislatively measure to ensure and promote the improvement of the developing world in the field of intellectual property, specifically trademarks, considering all the technological advances that are occurring as I write this.