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Procedure to present a Denunciation by Exclusive feature of Commercial Denomination

The person affected by the granting of a commercial denomination will have to present, by means of an attorney at law, a request in paper in writing sealed or qualified according to the case, with a copy presented to the General Direction of Domestic Commerce office’s or to the respective Province Direction office which contain the basis of its opposition.

The denunciation by means of foresight is notified personally to the denounced part, by the term of five (5) days counted after the following day to the notification.

Once notified, the denounced part has five (5) labor days to present their arguments.
After receiving the sustentation of the arguments of the denounced part, the General Direction of Domestic Commerce office’s or to the respective Province Direction office, according to the case, will solve it by issuing an Administrative Resolution.

The interested parties are notified of the previous Administrative Resolution, the party that feels affected by this Resolution will be able to interpose the appeal for reconsideration or appeal in the term of five (5) working days.

 


The appeal for reconsideration is presented before the General Direction of Domestic Commerce offices or to the respective Province Direction office, according to the case, and it is solved by means of the Administrative Resolution, where the opposed Resolution is confirmed or revoked.

The appeal is sustained before the Minister of Commerce and Industries.

After the appeal is exhausted, the affected part can present the case before the Third Court of the Contentious Administrative of the Supreme Court of Justice.