Tuesday, 26 May 2015

Fame for FUSCA as VW secures "highly renowned" status for its mark in Brazil

Ordinance no. 107/2013 of the Brazilian National Institute of Industrial Property (INPI), which came into force on 10 March 2015, contains new provisions for the examination of highly renowned marks, which are accorded "special protection in all fields of activity" under Section 125 of the Brazilian Trademark Law (Law no. 9.279/1996).

INPI has now declared the trade mark FUSCA to be entitled to this special protection, FUSCA being the name by which the Volkswagen "Beetle" is known in Brazil.  The evidence consisted of a survey of more than 2,000 people, of whom just over four-fifths had at least heard about that mark and 97% of respondents spontaneously associated the word with automobiles. Around three quarters of those polled said they perceived FUSCA to be a "highly regarded" mark and that it signified "prestige, reputation and reliability".

This declaration should assist Volkswagen in protecting its mark against the depredations of dilution, should it be necessary to go to court.

Source: "Highly Renowned Status Granted to Trademark FUSCA" by Ana Lúcia de Sousa Borda (Dannemann Siemsen Advogados, Rio de Janeiro), verified by Valdir De Oliveira Rocha Filho (Veirano Advogados, Rio de Janeiro), INTA Bulletin, vol,70, no.9

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