Tuesday, 29 April 2014

"Highly renowned" in Brazil? New trade mark procedure comes into force

Ahead of the World Cup and impending Olympics, there's some significant news from Brazil. Resolution No. 107/13 -- which regulates the new procedure for recognition of "highly renowned" trade marks in Brazil, came into force on 6 February 2014. This Resolution relates to the role of the Brazilian Patent and Trade Mark Office (INPI) in establishing the status of trade marks as being "highly renowned".

To gain "highly renowned" status in Brazil a trade mark must fulfil three criteria:
(i) it must be recognised by a significant portion of the public in general;

(ii) the general public must associate it with a degree of quality, reputation and prestige in relation to the relevant goods or services;

(iii) it must have the requisite degree of distinctiveness and exclusivity.
The Resolution, which fixes the level of fees that INPI charges for making its assessment, makes it possible to seek recognition of a mark's "highly renowned" status through an autonomous procedure. Trade mark owners may request such recognition at any time during the validity of the trade mark, subject to the submission of the necessary evidence of such status and upon payment of the specific official fee.

Source: Baker & McKenzie's IP Dispatch (April 2014). Further information is available via that firm's client alert, here.

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