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The 4th Panel of the Superior Court of Justice (“STJ”) understood that evocative or suggestive marks can coexist with similar ones. When reforming the decision of the Federal High Court of the 2nd Region (“TRF-2”) that had determined the cancellation of the Nebacimed mark, the panel concluded that the coexistence of both marks – which refer to the active principle of the formula – would (...)

In line with the Supreme Court’s decision on ADI 5529 regarding the extinction of sole paragraph of Article 40 of the Brazilian IP Law based on unconstitutionality, and the subsequent  modulation of the decision, published on May 14, 2021, which established the retroactive effect (ex tunc) to patents related to pharmaceutical products and processes and to equipment and/or materials for use (...)

On May 11, 2021, the Brazilian Patent and Trademark Office (“INPI”) extended the period of public consultation on the examination of trademark applications for position marks for more 30 days. Interested parties may send their comments and/or suggestions to the email consultapublicamarcas@inpi.gov.br until June 12, 2021, through an electronic form. More information available in Portuguese at: https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/prorrogada-consulta-publica-sobre-exame-de-pedidos-de-marcas-de-posicao

The Supreme Federal Court (STF) decided, this Thursday (May 6th), for the unconstitutionality of the sole paragraph of article 40 of the Industrial Property Law (LPI), which provides for the proportional increase of the patent term if the Brazilian Patent and Trademark Office (BPTO) takes more than ten years to analyze applications for a patent (...)

On April 30, 2021, the Brazilian Patent and Trademark Office (BPTO) and the Brazilian Micro and Small Business Support Service (Sebrae) signed a cooperation agreement aiming at stimulating the use of Industrial Property (IP) by small businesses. The event took place in accordance with this year’s theme of World Intellectual Property Day, “IP & SMEs: Taking (...)

The 4th Panel of the Superior Court of Justice (“STJ”) annulled the trademark registration for “Fogo Olímpico”, which identified alcohol and ethyl alcohol1. The decision was rendered in a lawsuit filed by COB seeking the nullity of this registration based on its exclusive rights to use of Olympic symbols and expressions that allude to the Olympics. The lower court and the Federal Court of Appeals for the 2nd Region dismissed the (...)

The luxury brands Louis Vuitton, Cartier and Prada decided to come together to launch a certificate of authenticity based on blockchain technology, through a project called Aura Blockchain. The main purpose of this project is to offer an extra guarantee of authenticity of the products. Through this service, the customer will be able to trace the path taken from (...)

In a recent judgment, the 3rd Panel of the Superior Court of Justice (“STJ”) recognized that a Brazilian patent can only produce effects on acts that occurred in Brazil1. The “vanishing spray” is a device used by referees to mark the distance from the barrier to the ball in situations of fault, developed in 2000 (...)