When a trademark of a third party is granted, and contrary to the Brazilian law you can file an administrative nullity request.
This procedure is the second opportunity to attack by the administrative procedure. If you file an administrative nullity request but even so the registration was maintained, the next step will be to file a judicial nullity proceeding.
Some of the arguments to request an administrative invalidation proceeding are:
- Reproduction of the prior registration for trademark;
- Reproduction of a business name;
- The right of preference;
- Possibility of confusion between the trademarks or undue association.
This is just some examples but there are more possibilities of arguments.
The administrative nullity proceedings against third parties’ registrations may be requested by any person with legitimate interest, within a period of 180 days of the issue date of trademark registration is granted.
The nullity of a registration may be total or partial. And the declaration of nullity shall take effect from the filing date of the application.
For more information or advice about the trademark protection, send us a message.
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Author: Luciana Santos Fernandes, Associate Lawyer 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.”