The Brazilian Trademark Office has published a resolution with rules to examination of position trademark

The Brazilian Trademark office has published a resolution with rules to examination of position trademark

There is no disposition in Brazilian law prohibiting non-traditional trademarks, however the Brazilian Trademark office (BPTO) does not accepts it.

In Brazil, only word marks, device marks and three-dimensional marks are allowed by BPTO.

Even so, in June, the BPTO published a consultation regarding the registration of position trademarks. After discussions a resolution was published in September 21.

From October 2021, it will be possible to file for position trademarks in Brazil.

 

The Brazilian Trademark office has published a resolution with rules to examination of position trademark

 

The resolution states rules regarding the application and the trademark distinctiveness. For example, if the position of the trademark in the product is common for that product the trademark will be rejected. Also the position of the trademark in the object have to be fixed.

The list of good should be limited to the product/service where the trademark is positioned.

Finally, it is important to mention that the signal inserted in this certain position of the object can be a word, symbols, colors, numbers.

If you have any question regarding to trademark position and the rules in Brazil feel free to send your questions to inter@peduti.com.br.

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Author: Laila dos Reis Araujo, Senior Associate & Head of The International Department at Peduti Advogados.

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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”

Disclosing WhatsApp conversation print should generate compensation

In August of this year, in the judgment of Special Appeal nº 1903273, The Superior Court of Justice – STJ, the highest Brazilian court for standardizing the interpretation of federal law all over the country – confirmed the understanding of the disclosing WhatsApp conversation print should generate compensation, which was written by Minister Nancy Andrighi.

The lawsuit was filed by a member of the board a football team who feel harmed in their rights after another member of the club’s governing body who was also in the group have disclosed prints conversation without the consent of the other members of the group.

The understanding expressed in the judgment is based on the principle of inviolability to privacy provided for in article 5, item X, of the Brazilian federal Constitution:

 

 

Article 5. All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the

right to life, to liberty, to equality, to security and to property, on the following terms:

(…)

X – the privacy, private life, honour and image of persons are inviolable, and the right to compensation for property or moral damages resulting from their violation is ensured;

According to the understanding expressed in the judgment, the disclosure of content of this nature without the permission of those involved in the dialogue is likely to be considered an infringement.

The decision reinforces the need for good privacy practices in the use of digital platforms.

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Author: Sheila de Souza Rodrigues, Associate Lawyer at Peduti Advogados.

Source: STJN destaca decisão que torna indenizável a divulgação de print de WhatsApp (STJN – the news program of the STJ – highlights that Disclosing WhatsApp conversation print generates duty to indemnify)

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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”