News

Newsletter

2 de August de 2012

Newsletter 2012.07 – Coexistence agreements in Brazil

After a long period of darkness on this subject, the BPTO has just released an official communication on how the Coexistence Agreements shall be treated. The former BPTO’s Guidelines for the Analysis of Trademarks (issued in May/1997) formally admitted that Coexistence Agreements excluded the application of the norm contained in Section 124, item XIX, of the Brazilian IP Law, which prohibits the registration of marks that are identical or similar to another previously registered for the same or related goods or services, being susceptible of causing confusion or association with the senior mark.

Notwithstanding the fact that this guideline has lasted for over 13 years, it has always been refuted by the BPTO Attorneys’ Office, under the allegation that the Agreement by itself could never override that statutory prohibition. During the discussions for the revision of the BPTO’s Guidelines for the Analysis of Trademarks, which final version was released in December 2010, the BPTO Attorneys’ Office position has prevailed. As a result, the formerly applied orientation was excluded from the new Guidelines which did not bring any other ruling for this subject.

Back

Last related news

1 de July de 2025

New PPH Cycle Opens for Third Quarter of 2025 – Telecommunication Applications Excluded

In accordance with Ordinance 03/2025, published by the BPTO on March 25, 2025, a new limit of 800 Patent Prosecution Highway (PPH) New PPH Cycle Opens for Third Quarter of 2025 – Telecommunication Applications Excluded

Ler notícia

1 de July de 2025

Brazil’s Supreme Court Partially Strikes Down Internet Law Provision, Imposes Stricter Duty of Care on Online Platforms

On Thursday, June 26, the Brazilian Supreme Federal Court (STF) issued a landmark ruling, partially invalidating Article 19 of the Brazilian Internet Brazil’s Supreme Court Partially Strikes Down Internet Law Provision, Imposes Stricter Duty of Care on Online Platforms

Ler notícia

24 de June de 2025

Software License Compliance: A Constitutional and Strategic Right

In Brazil, the holder of intellectual property rights is entitled not only to economically exploit their work, but also to monitor how Software License Compliance: A Constitutional and Strategic Right

  • Kasznar Leonardos
  • Ler notícia
    plugins premium WordPress