Abstract
The article is about the characteristics of the actual Commercial Law and its importance in the actual context of commerce of the mark. Firstly, the authors make an analysis of the Arbitration as an alternative to solve conflicts in the matter of the trademark, trade names and service marks. The availability of the litigious matter under arbitration is undertaken, concluding with the idea that the specific analysis of the law related to the litigious matter is necessary to determine the availability or not of a concrete matter. Secondly, the authors outline the ideas of the beginning of the work, therefore, it is emphasized the trademark rights and specially the marks as institutions that belong to the commercial law and for this reason the analysis of the availability of the litigious matter will have to be developed within the Commercial Law and the interests that this law wants to protect. These economic interests are not only of the one particular merchant but also of the consumers and the economical system ingeneral. Thirdly, the authors develop the viability of the application of the arbitration institution in the concession process of the trademark right. In this way, they establish a difference between the absolute and relative prohibitions in the registry process for the trademark, sign, etc., and the recognizing of different interests protected by each group of prohibitions (Grounds for Refusing Registration). Fourthly, the application of the arbitration institution after granted the exclusive right of the mark, making the difference in this stage between the positive and the negative face in the trademark sign as well as the perspective of action that each one of the trademark owners are allowed to make. Finally, an idea that runs through all the analysis is rescued, to recognize that the viability of application of the arbitration to a specific conflict of interests, or what is the same of its availability by the parties, depends on the character of the economical interests (individual,collective or of third).
