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New rules on famous trademarks in Brazil

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22/08/2013 21:00 Demarest News

 

 ​New rules on famous trademarks in Brazil

 
Famous trademarks are those recognized by a large number of consumers due to their quality, prestige, reputation and ability to attract consumers by their mere presence independently of the type of products or services that it is related to. Such trademarks enjoy special protection under the Brazilian legal system.

On August 20, 2013, Resolution no. 107/2013 was published in Revista da Propriedade Industrial no. 2224 (Industrial Property magazine), introducing a significant change in the form of granting of this special right, enhancing the model for recognition of famous trademarks by the Brazilian Patent and Trademark Office ("BPTO"). 
The resolution revoked INPI/PR Resolution no. 23/2013 that determined that the special protection for famous trademarks should be requested to BPTO incidentally, that is, upon opposition to a trademark application or upon a registration administrative nullity procedure.
With the publication of the new BPTO resolution, the acknowledgement of a famous mark became an autonomous step in the procedure, and is no longer connected with a request for opposition and/or an administrative nullity procedure.
The application for famous trademark must now be made by means of a specific petition, with the payment of a special fee pursuant to BPTO's remunerations table.

Proof of fame is connected with three requirements considered essential by BPTO, namely:

1) trademark recognition by a large portion of the general public;
2) quality, reputation and prestige associated by the public with the trademark and its products/services; and
3) degree of distinctiveness and exclusivity of the trademark.

BPTO recommends submitting as proof of the trademark's fame: market researches, media plans, news stories and articles published by various types of media, national trademark image research and any other documents the owner of the trademark deems important to prove that it deserves the special protection for famous trademarks. 
The application for famous trademark will be analyzed by a special BPTO committee composed of officials of the Trademark Office and chaired by the Trademark Director. 
Once the application for famous trademark is granted, the trademark will have special protection for 10 years. At the end of such period, the trademark owner must file a new application for famous trademark before BPTO.

Our intellectual property team is at your disposal if you wish to receive further information on this matter.

Intellectual Property
Demarest Advogados 

Contact:
Tatiana Campello Lopes tcampello@demarest.com.br +55 21 3723-9851
Julia Davet Pazos
jpazos@demarest.com.br +55 21 3723-9863

 

 
This material is for informational purposes and should not be used alone to make decisions. Specific legal advice may be provided by one of our lawyers. Copyrights are reserved to the Demarest Advogados. 

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