The Trademark Office of the National Direction of Intellectual Property (DINAPI) issued a communication and publication in local newspapers stating that it will no longer be possible to use certain terms that are Denomination of Origin (DO), pursuant to the Agreement of Strategic Association MERCOSUR-European Union.
Some of the DO have been deemed generic, so it is possible to continue to use them, provided that the user is registered as a “Prior User”, which means that the term should have been used before in terms and conditions specified in the Communication, namely:
Parmesano: having used the term prior to November 2017 in Argentina, Paraguay or Uruguay.
Parmesao: having used the term prior to November 2017 in Brazil.
Reggianito: having used the term continously for at least 5 years prior to November 2017 in Paraguay or Uruguay.
Reggianito: having used the term prior to November 2017 in Argentina
Fontina: having used the term continously for at least 5 years prior to November 2017 in Argentina, Brazil, Paraguay or Uruguay.
Gruyere/Gruyere: having used the term continously for at least 5 years prior to November 2017 in Argentina, Brazil, Paraguay or Uruguay.
Gruyerito/Gruyer: having used the term continously for at least 5 years prior to November 2017 in Uruguay.
Queso Manchego (Manchego Cheese) (maede with cow milk): having used the term continously for at least 5 years prior to November 2017 in Uruguay.
Grappameil/Grapamiel: having used the term prior to November 2017 in Uruguay.
Grana: having used the term continously for at least 5 years prior to November 2017 in Brazil.
Gorgonzola: having used the term prior to November 2017 in Brazil.
Steinhager: having used the term prior to November 2017 in Brazil.
Ginebra: having used the term continously for at least 5 years prior to November 2017 in Argentina.
Genebra: having used the term continously for at least 5 years prior to November 2017 in Brazil.
Please feel free to contact us in case these DO affect your trademarks and are interested in being added to the list of Prior Users of the Denominations of Origin to continue using them.
Kindly bear in mind that this declaration must be prepared and filed before Friday July 3, 2020.
Please contact us at law@berke.com.py for any clarification
