The Court of Justice of the State of Minas Gerais issued a decision prohibiting Nestlé from using the trademark “Coffee +” in Brazil due to the existence of prior trademark registrations owned by the Brazilian company Coffee Mais Indústria de Café Ltda.
The Minas Gerais-based company, which owns filed applications for the marks COFFEE PLUS and COFFEE++ in 2020 (now registrations), filed a lawsuit against Nestlé seeking to enforce its exclusive rights over the mark. In its decision, the Court upheld the preliminary injunction previously granted against Nestlé, ordering the company to refrain from marketing products bearing the term “Nespresso Coffee+”, as it found that the coexistence of the marks could create a likelihood of consumer confusion.
In Brazil, the Industrial Property Law expressly provides that a trademark cannot be registered if it reproduces or imitates a previously registered third-party trademark.
Given Coffee Mais Indústria de Café Ltda.’s previously acquired trademark rights, the judge granted a preliminary injunction ordering Nestlé to immediately cease use of the mark “Coffee+” in Brazil, and to withdraw products, packaging, and advertising materials bearing the mark.
While the proceedings are still ongoing, cases such this highlights the importance of intellectual property owners actively enforcing their rights. Rights holders should not hesitate to take action against potential infringements, even when the alleged infringer is a large multinational company.
Ultimately, this case underscores the interplay between the enforcement of duly registered trademark rights and the importance of comprehensive pre-adoption clearance and due diligence in brand selection. It also reflects the practical implications of operating within a first-to-file jurisdiction such as Brazil, where priority is generally governed by registration. In this context, effective trademark protection depends not only on the ability to enforce rights once secured, but also on the strategic foresight required to secure and safeguard those rights at an early stage.
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Author: Daniela Russo and Cesar Peduti Filho, Peduti Advogados.
Source: https://moonbh.com.br/capital-m/2026/06/05/cafe-mineiro-vence-nestle-disputa-marca-tjmg/
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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”