The only manner of acquiring the exclusive and preferential right in a trademark in the Andean Community is through its registration, representing an act which, pursuant to the Andean Community system, is constitutive, not declarative of the right.

In such manner the Court of Justice of the Andean Community sentenced, at the same time as it clarified, that once a trademark has been registered, its owner acquires the right to exclusive use, "which includes the possibility of exercising positively and the power to prohibiting its utilisation without prior consent or authorisation (ius prohibendi)" 1.

The Court set forth that the owner of a trademark registered in the Andean Community may exercise four specific powers:

• That of using the trademark on the product or service for which it was granted or on its container or packaging.
  
  
• That of instituting judicial or administrative actions, for preventing undue utilisation of the trademark by third parties.
  
  
• Capacity of commercialising the products or services under the identification of the trademark.
  
  
• Possibility that the owner utilise the trademark through advertising materials and preventing that third parties do so with regard to the trademark.