News

Articles

Trademark Litigation 2018: Litigation procedures and strategies in Brazil

Legislative framework and causes of action
 
The Brazilian Constitution guarantees patent, trademark and copyrights as a means to secure the social and economic development of the country. Nevertheless, the use and registration of trademarks in Brazil are mainly regulated by the Industrial Property Act (Law 9.279/1996), which was enacted shortly after the ratification by Brazil of the Agreement on Trade-Related Aspects of Intellectual Property Rights. Brazil is also a signatory to the Paris Convention for the Protection of Industrial Property.
 
Brazil adopts the first-to-file principle, whereby the registration of a trademark will be granted to the first person who files the application. Therefore, the exclusive use of a trademark is acquired by means of a registration validly issued by the Brazilian Patent and Trademark Office (BPTO). There is no need to submit evidence of use, but third parties may request a declaration of forfeiture for non-use if, on the date of the request, use of the trademark in the country was not initiated or was interrupted for more than five consecutive years after registration, or was used in a modified form that implies alteration to its original distinctive character.
 
Click here to read the full article.
Back

Last related news

May 21, 2024

The Curious Case of a Stillborn Patent: Patent Office Delays and the Need for a Rational Term-Adjustment System in Brazil

Introduction.  The ADI 5529 Are you a patent practitioner familiar with the Brazilian patent system?  Then you’re likely aware of a significant The Curious Case of a Stillborn Patent: Patent Office Delays and the Need for a Rational Term-Adjustment System in Brazil

Ler notícia

May 14, 2024

Partner Flávia Tremura co-authored MARQUES guide for 2024 sports events

Our partner Flávia T. Polli Rodrigues was one of the authors of the guide “Ambush Marketing and Advertising Risks for Brands: Best Practices Partner Flávia Tremura co-authored MARQUES guide for 2024 sports events

Ler notícia

April 30, 2024

Trade secrets: a strategic element in the life sciences and biotechnology industries

Our partner Viviane Trojan was invited by the International Bar Association (IBA) to write an article for their platform. She authored the Trade secrets: a strategic element in the life sciences and biotechnology industries

Ler notícia
plugins premium WordPress