Thursday, 5 July 2012

Brazil: Highly Renowned Trade Marks

Brazil is debating ‘highly renown’ trade marks . The issue in dispute is that the regulation should be improved -- the question put on the table is: how to?. INPI set up at meeting to discuss this matter together with entrepreneurs, lawyers and the like. According to the director of Trade Marks, Vinicius Bogéa Câmara, “the best way to improve standards and the process of recognition of the highly reputed marks should be through discussions like this.”

The situation at issue is the requirements established for the recognition of highly renowned marks such as: the mark ought to be registered, there should be a high degree of knowledge from the general public and there ought to be a conflict between it and a third mark. Any problem so far? The matter is that to have this "status" one need to go through official channels – at the end it is INPI the one who determines whether the mark is highly renowned (see Resolution n° 121/05 Art 3 and 4).

Participation in the meeting saw Mrs Balloussier Priscilla from the Comissão de Alto Renome , INPI noting that this matter needs special care and emphasizing that INPI priorities is to reduce the backlog and prioritize the digital medium for applications and analyzes. On the other hand, Gabriel Leonardos, from the Brazilian Association of Intellectual Property (ABPI), notes that the process of recognizing high renowned marks is more promising, with the participation of all parties. The significance of high reputation for business and the issue of legal certainty were analyzed by the legal team from two companies, namely Bombril and Alpargatas respectively.

Source INPI.

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