As we know, the biggest advantage to obtain a trademark is the exclusive right of its use to identify services and/or goods as spcified by the respective register. Even thought, it isn’t an absolut right and may be flexibilized depending of some specifique situations previowsly indicated in brazillian law.
Some of them are preserved by article 132 of brazillian industrial property law, which says:
1 – Distribution Agreements
A trademark owner won’t have the right to prevent distributor to use it’s trademarks, since this use is related to the promotion and/or sales of trademark owner goods itself.
2 – Free Circulation of Goods
A trademark owner won’t have the right to prevent the free offer of a product placed on the internal market, by itself or by others with its consent, except as provided in cases of abuse of rights.
3 – Accessories Manufacturer
A trademark owner won’t have the right to prevent accessories manufacturer of its goods, to use the trademark to identify the destination of this manufactered accessories.
4 – Non Commercial Use
A trademark owner won’t have the right to prevent the citation of its trademark in speech, scientific or literary work or any other publication, provided that it has no commercial connotation and without prejudice to its distinctive character.
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Author: Lorena Garrido Borges, Senior Associate 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.”