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The International Comparative Legal Guide to


Trade Marks 2014
3rd Edition
A practical cross-border insight into trade mark work

Published by Global Legal Group, with contributions from:
AAA Law Odvetniki Šelih & partnerji, o.p., d.o.o.
Abreu Advogados OLIVARES
Advokatfirma Ræder DA Ospelt & Partner Attorneys at Law Ltd.
Agency TRIA ROBIT Patrinos & Kilimiris
Allen & Overy LLP Pepeljugoski Consulting L.L.C.
Anderson Mori & Tomotsune Pepeljugoski Law Office
Andreas M. Sofocleous & Co LLC Pham & Associates
Baspinar & Partners Law Firm Quevedo & Ponce
Bereskin & Parr LLP Sołtysiński Kawecki & Szlęzak
Beuchat, Barros & Pfenniger Studio Legale Tsclex
Boga & Associates Subramaniam & Associates (SNA)
De Gaulle Fleurance & Associés SyCip Salazar Hernandez & Gatmaitan Law Offices
DM Kisch Inc. Tay & Partners
Edwards Wildman Palmer LLP ThomannFischer
ELZABURU TIPLO Attorneys-at-Law
Estudio Antequera Parilli & Rodríguez Vanrell Propiedad Intelectual – Abogados
Gusmão & Labrunie Intellectual Property Vasil Kisil & Partners
Hengeler Mueller Wilkinson & Grist
Lee International IP & Law Group Wilkinson & Grist (Beijing) Intellectual
Lendvai Partners Property Agency Limited
O’Conor Power-Abogados-Propiedad Industrial Wrays

Valentin Pepeljugoski 150 Email: info@glgroup. www.o. Rory Smith 7 Chile Luka Grasselli & Sanda Šabić 244 33 South Africa DM Kisch Inc. Manuel 218 Strategic Partners 30 Poland Sołtysiński Kawecki & Szlęzak: Dr. Please call +44 20 7367 0720 Disclaimer This publication is for general information purposes only. 59 Tanner Street 19 Japan Anderson Mori & Tomotsune: Yasufumi Shiroyama & Ai Nagaoka 136 London SE1 3PL. Valentin Pepeljugoski Printed by Information Press Ltd & Ana Pepeljugoska 181 May 2014 26 Malaysia Tay & Partners: Bee Yi Lim & Wee Liang Lim 192 Copyright © 2014 Global Legal Group Ltd. Susan Alexander Ospelt F&F Studio Design & Vladimir Good 165 GLG Cover Image Source 24 Lithuania AAA Law: Aušra Pakėnienė & Tomas Stanulionis 174 iStockphoto 25 Macedonia Pepeljugoski Law Office: Professor Dr.: Andrew Papadopoulos & Derek Momberg 252 34 Spain ELZABURU: Fernando Ilardia & Luis Baz 259 35 Switzerland ThomannFischer: Daniel Plüss 269 Continued Overleaf Further copies of this book and others in the series can be ordered from the publisher..: Professor 22 Latvia Agency TRIA ROBIT: Vladimir Anohin & Alona Sivcova 158 GLG Cover Design 23 Liechtenstein Ospelt & Partner Attorneys at Law Ltd. Beth Bassett. Antony Dine. Jens Matthes 72 Gemma Bridge 12 France De Gaulle Fleurance & Associés: Frank Valentin & Marina Gau 81 Senior Editor Suzie Kidd 13 Germany Hengeler Mueller: Dr. Full legal advice should be taken from a qualified professional when dealing with specific situations.o. & Fernando Eid Philipp 26 Florjan Osmani. Q.: Dr.p. 6 Canada Bereskin & Parr LLP: Daniel R. Wolfgang Kellenter & Dr. Bristows & Maria Silvina Ulens 13 Account Managers 4 Australia Wrays: David Stewart 20 Edmond Atta. Panganiban-Alindogan & Enrique T.The International Comparative Legal Guide to: Trade Marks 2014 General Chapter: 1 Trade Mark Law Shapes Up for the Thrust into the 21st Century – John Olsen. Maria . Edwards Wildman Palmer LLP 1 Country Question and Answer Chapters: 2 Albania Boga & Associates: Renata Leka & Ened Topi 5 Consulting Editor 3 Argentina O’Conor Power-Abogados-Propiedad Industrial: Santiago R. Andrea Schlaffge 90 Global Head of Sales 14 Greece Patrinos & Kilimiris: Maria Kilimiris & Manolis Metaxakis 98 Simon Lemos 15 Hong Kong Wilkinson & Grist: Andrea Fong & Annie Tsoi 106 Group Consulting Editor Alan Falach 16 Hungary Lendvai Partners: András Lendvai 114 Group Publisher 17 India Subramaniam & Associates (SNA): Hari Subramaniam Richard Firth & Aditi Subramaniam 121 Published by 18 Italy Studio Legale Tsclex: Gianpaolo Todisco & Mark Bosshard 129 Global Legal Group Ltd. Bereskin. Ewa Skrzydło-Tefelska & Karol Gajek 226 31 Portugal Abreu Advogados: João Veiga Gomes & João Gonçalves Assunção 234 32 Slovenia Odvetniki Šelih & partnerji. Global Legal Group Ltd. Sofocleous & Co LLC: Despo Socratous 59 Amy Hirst 10 Ecuador Quevedo & Ponce: Alejandro Ponce Martínez & Roque Albuja Izurieta 66 Editors Beatriz Arroyo 11 European Union Allen & Overy LLP: Geert Glas & Dr. Paul Regan.C. Gordon Sambrooks. 5 Brazil Gusmão & Labrunie Intellectual Property: Laetitia d’Hanens Dror Levy. This publication is intended to give an indication of legal issues upon which you may need advice. and the contributors accept no responsibility for losses that may arise from reliance upon information contained in this publication.L. 27 Mexico OLIVARES: Alonso Camargo & Daniel Sanchez 202 All rights reserved 28 Norway Advokatfirma Ræder DA: Vebjørn Søndersrød & Trygve Martin Gravdahl 210 No photocopying ISBN 978-1-908070-97-5 29 Philippines SyCip Salazar Hernandez & Gatmaitan Law Offices: ISSN 2049-3118 Vida M. d. o. It does not purport to provide comprehensive full legal or other advice. UK 20 Korea Lee International IP & Law Group: Mi-Cheong Lee & Michael McDaniel 143 Tel: +44 20 7367 0720 Fax: +44 20 7407 5255 21 Kosovo Pepeljugoski Consulting L.C. & Cynthia Rowden 36 Oliver Smith. Barros & Pfenniger: Andrés Melossi 44 Sales Support Manager Toni Wyatt 8 China Wilkinson & Grist (Beijing) Intellectual Property Agency Limited: Howard Tsang & Jean Wang 51 Sub Editors Nicholas Catlin 9 Cyprus Andreas URL: O’Conor Paul Walsh.

K.The International Comparative Legal Guide to: Trade Marks 2014 Country Question and Answer Chapters: 36 Taiwan TIPLO Attorneys-at-Law: J. The International Comparative Legal Guide series is also available online at www. Country question and answer Global Legal Group hopes that you find this guide practical and interesting. Alan Falach LL. Lin & These provide a broad overview of common issues in trade mark laws and regulations in 42 jurisdictions.iclg. All chapters are written by leading trade mark lawyers and industry specialists and we are extremely grateful for their excellent contributions.M. Special thanks are reserved for the consulting editor Paul Walsh of Bristows for his invaluable Chen 276 37 Turkey Baspinar & Partners Law Firm: Gökmen Başpınar & Kaan Gök 287 38 Ukraine Vasil Kisil & Partners: Oleksandr Mamunya & Andrey Nikolayenko 295 39 United Kingdom Edwards Wildman Palmer LLP: John Olsen & Riecha Sharma 304 40 USA Edwards Wildman Palmer LLP: Lawrence R. G. This guide provides corporate counsel and international practitioners with a comprehensive worldwide legal analysis of trade mark laws and regulations.Falach@glgroup. Robins 314 41 Uruguay Vanrell Propiedad Intelectual – Abogados: Juan Eduardo Vanrell 321 42 Venezuela Estudio Antequera Parilli & Rodríguez: María Alejandra Castillo 328 43 Vietnam Pham & Associates: Pham Vu Khanh Toan 334 EDITORIAL Welcome to the third edition of The International Comparative Legal Guide to: Trade . It is divided into two main sections: One general chapter entitled Trade Mark Law Shapes Up for the Thrust into the 21st Century. Group Consulting Editor Global Legal Group Alan.

and (ii) Decrees Nos. or (i) the reproduction or imitation of previously registered filing the application in black and white. (ii) generic. composite and/or figurative trademarks.2 What is the relevant Brazilian trade mark legislation? Applications must include the trademark itself.1 What is the relevant Brazilian trade mark authority? It should be noted.263/94 and 1355/94. activity (bylaws or a declaration in this regard). Propriedade Industrial. the applicant may file an appeal. Chapter 5 Brazil Laetitia d’Hanens Gusmão & Labrunie Intellectual Property Fernando Eid Philipp 1 Relevant Authorities and Legislation (iii) signs that violate other prior rights (such as copyright or industrial design) or moral and/or ethical principles.ICLG. pay the appropriate taxes and the registration is granted. there are two trademark are fairly extensive. Following the filing of the application. should the application be filed by a representative. the BPTO publishes the Nevertheless. A power of attorney is also required (no notarisation or legalisation 2. and (iv) signs used as mere advertising (such as slogans). 3D trademarks are allowed in Brazil. 1. and licit (not legally forbidden) signs are subject to be registered as trademarks. the graphic (device) elements must be duly classified according to the International Classification of Figurative Elements. 9. trademark. visually perceivable application itself. for instance.UK ICLG TO: TRADE MARKS 2014 © Published and reproduced with kind permission by Global Legal Group Ltd. Should the trademark application be filed based on a priority claim.1 What can be registered as a trade mark? is needed). Regarding respectively. descriptive and/or commonly used signs. 2. a description of the products/services. however. a sign can be registered as a trademark if the application and issues a formal decision through another additional requirements are fulfilled: publication. the “Industrial registration is intended. While filing an application for a figurative and/or composite 2. which will be evaluated by the BPTO and may or may not result in Veracity: the sign cannot be deceptive or mislead consumers. to cover identical or akin products. signals that could be offensive or immoral.CO. the applicant may claim the colours in case of interest. the class in which The relevant legislation is: (i) Law No. Legal prohibitions regarding what cannot be registered as a Should the trademark include claiming of colours. Should such decision be favourable.4 What is the general procedure for trade mark registration? Such rules exclude from registration. 26 WWW. the reversion of such decision. If no oppositions are filed.279/96. the relevant authority is the Brazilian Patent and broader. that the legal prohibitions are much In Brazil. but this may be filed up to 60 (sixty) days after the filing of the According to Brazilian IP law. Distinctiveness: the sign must be sufficiently distinctive in order to clearly allow consumers to distinguish the 2. musical or sound marks.3 What information is needed to register a trade mark? 1. 2 Application for a Trade Mark the priority number and documents should also be presented. the applicant must Availability: the sign must be available to be registered. 1. coats of Trademark Office (BPTO) (INPI – Instituto Nacional da arms.2 What cannot be registered as a trade mark? trademark. in Portuguese). claimed colours within the image file. personal names. and Property Law”. which proof that such products/services are within the applicant’s field of ratified the Paris Convention and the TRIPS Agreement. In the which means that it must not be the object of a third party’s event of a decision of rejection. However. indicating the trademarks or a prior trade name belonging to a third party. etc. only distinctive. the Institute analyses the Additionally. and include items such as single letters or numerals. 2. the most frequent causes possibilities: of rejection of a trademark application are: filing the application with a coloured logo. London . as well as smells and other non-traditional trademarks. legal prior right.5 How can a trade mark be adequately graphically product/service from other identical or similar ones from a represented? different origin.

etc. flags.UK 27 © Published and reproduced with kind permission by Global Legal Group Ltd. Yes. it is possible to cover products or services not contained Brazil? in the NCL list. which is the reason why in some cases the class headings are not accepted (when they are too broad). Filing fees for one trademark application in one class: USD signs which may induce errors regarding the origin. A smooth registration procedure takes approximately three years. may be filed up to 60 days after the filing of the application. ICLG TO: TRADE MARKS 2014 WWW. For Certification marks. designating the 2. both Collective and be considered as applicable legislation within Brazilian territory. The average cost of obtaining a Brazilian trademark registration international or foreign. nature. bonds. in the case of opposition filed by third parties or office signs or expressions (slogans) used only as a means of actions issued by the BPTO. as well as their imitations or includes the following official fees: references.25. along with a certified copy of the of engagement and/or specific allowance for the performance of the priority document (issued by the local PTO for which priority is related activities. duality of marks owned by the same owner. In this sense. No. Also. medals. it is necessary to present consistent evidence showing that the trademark 3.9 Can a trade mark acquire distinctive character through use? 2. however. described in the application form. advertising. are mainly: the lack of distinctiveness. application (ii) the understanding of the IP scholars is for the protection of a must be instructed with the collective rules applying to the use of trademark that acquired distinctiveness through use.15 Does Brazil recognise Collective or Certification marks? Although (i) the Paris Convention and the TRIPs agreement are to Yes. It may. Certification marks are allowed. However. the POA must expressly territory.14 How is priority claimed? trademark registration. A natural person must present proof data in the application form. Both companies (private or public) and natural persons can own a 2.8 Who can own a Brazilian trade mark? the BPTO. allowing consumers to distinguish the product/service covered by it from other identical or similar The absolute grounds for refusal of a trademark registration.25. the BPTO does not allow generic/broad descriptions of 2. and (iii) the trademark. Since this system is merely a 2. it can take five years or more. as long as the owner is effectively engaged in the activities indicated by it. armoury. the applicant must include the priority before the competent authority.) are legal representatives (according to their bylaws).6 How are goods and services described? Issuance of Registration Certificate – registration fees: USD 335. documents fulfilling those requirements procedure.”. which ones from a different origin. include powers to receive judicial summons. it has been indeed necessary filing a lawsuit before the Brazilian court in order to have protection of an unregistered trademark that eventually acquired distinctiveness through use. the whole class cannot be generically claimed as “all application before the BPTO. following the Nice International Classification system (NCL). the only route for registration of a trademark is by filing an In any case.. London . In both cases. 238. the BPTO is very restrictive in accepting the secondary well as the control measures to be applied for granting the meaning of an unregistered trademark throughout the registration certification.CO. as long as they are directly related to the class of Brazil interest.Gusmão & Labrunie Intellectual Property Brazil 2. goods in class.. colonies. Brazilian trademark registrations are only effective within Brazilian Regarding foreign applicants in particular. badges and official monuments. claimed).11 What is the average cost of obtaining a Brazilian trade same product or service. Companies must be registered In order to claim a priority. as cases.10 How long on average does registration take? a sign that is a reproduction or imitation of titles. the priority document may be filed later. quality or utility of the designated products or services. within four months counted from the filing date.12 Is there more than one route to obtaining a registration in guideline. A Power of Attorney (POA) is indeed required whenever a trademark application is filed by someone other than the company’s 2. to have the secondary meaning duly recognised. mark? a sign that is composed of coats of arms. otherwise the or can be covered by a Brazilian trade mark? application will be filed away by the BPTO. Finally.ICLG. 3 Absolute Grounds for Refusal Additionally.1 What are the absolute grounds for refusal of registration? acquired distinctive character. application must be Brazilian courts have been recognising this protection in some instructed with all characteristics of the certified product/service. coins and bank notes. provided some legal requirements are met. The goods and services covered by the trademark must be clearly Renewal fees (for a 10-year period): USD 479. 2.50.7 What territories (including dependents. 2. For Collective marks. are predicted in article 124 of Brazilian IP Law. a sign that is contrary to the moral and public order.13 Is a Power of Attorney needed? goods or services. either national. otherwise the application may be dismissed (or registration may be revoked) by 2. be filed up to 60 days after the application filing date.

If the appeal is denied. names and images of third parties. and element of a title of establishment or the trade name necessary. which is an exception that or certify a product or service that is identical or similar to. Gusmão & Labrunie Intellectual Property Brazil reproduction or imitation of official seals. some of them can personal names or signatures thereof. a TM application for the intended mark.. therefore would not be subject to be overcome. 28 WWW.1 On what grounds can a trade mark be opposed? As for the relative grounds for refusal of a trademark registration. artistic or scientific works. 3. except with the consent of that: the owner. furthermore. as well as titles protected by copyright and likely to cause confusion or association. among others. §1. usually adopted to signs that imitate or reproduce. Afterwards.ICLG. economic or technical official or officially objection? recognised events. As examples we may quote: The Rejection Decision issued by the BPTO is subject to an appeal.4 What is the route of appeal? To contest this final administrative decision. wholly or in part. packaging.4 above. the rejection decision will be maintained and no further measure will be possible in the administrative procedure. which states the absolute In this sense. as well as in the Paris Convention. except when arranged or combined and is likely to cause confusion or association with such third Brazil in an unusual and distinctive manner. Please refer to question 3. among others. has and which is likely to cause confusion or association with. similar product/service. Please refer to question 3.2 Are there ways to overcome a relative grounds objection? 3.3 above. use of the sign as a mark and not only as a means of advertising. b) the sign is not used as a means of advertising.3 What is the right of appeal from a decision of refusal of registration from the Intellectual Property Office? Yes. or a right protected by author right. in whole or in part. Also. the opposition reproductions or imitations. Law. prizes or symbols of sporting. It is possible to file an opposition against a third party trademark which are also predicted in article 124 of Brazilian IP Law. and literary. for example. and of which the geographic indications. as a collective or a certification mark by a third party. In this case. as well as on article 129. guarantees reciprocity of treatment. 4 Relative Grounds for Refusal 5 Opposition 4. common or usual shapes of a product or of its belonging to a third party. even with can be grounded on the notoriety and highly renowned status of a additions. in good faith on the filing date.3 What is the right of appeal from a decision of refusal of examined by the BPTO’s President (who in fact delegates the exam registration from the Intellectual Property Office? to the BPTO’s Board of General Coordination of Appeals and Administrative Annulment Procedures). knowledge in view of his activity.UK ICLG TO: TRADE MARKS 2014 © Published and reproduced with kind permission by Global Legal Group Ltd. a lawsuit a sufficiently distinctive form of the mark. shapes that cannot be reproductions or imitations of signs that have been registered disassociated from a technical effect. technical terms used in industry. colours and their names. shall have the right of preference for the objects that are protected by industrial design registrations in registration. family or patronymic be reverted if the owner of the mark is able to prove. or. if the mark is intended to distinguish a product or service that is identical or similar to. and any interested third party may file a response (within 60 days counted from the publication). the interested party would also have to file the name of third parties. and a) the sign is sufficiently distinctive. artistic. etc. may still be filed before the Brazilian courts to reverse the a difference between the goods/services identified by the administrative rejection. names. it will be 4. the relative grounds for refusal are: and relative grounds of refusal of a trademark. a mark of certify compliance to a certain standard of any kind or which the applicant could obviously not fail to have nature. 4. and 3. or signs that might falsely suggest a or in a country with which Brazil maintains an agreement or geographic indication.2 What are the ways to overcome an absolute grounds political.CO. been using an identical or similar mark to identify an identical or the third party’s mark. Should such appeal be rejected by the BPTO. imitations thereof which are likely to proprietor is established or domiciled in the national territory cause confusion.1 What are the relative grounds for refusal of registration? 5. of a mark registered by a third party to distinguish trademark. provides that every person who. a difference between the sign and the goods/services which may be filed within 60 days from the publication of such identified by it. his heirs or his successors. it is necessary to file a lawsuit before the Brazilian courts seeking its reversion. except when authorised by the competent Although the prohibitions above are in principle absolute and authority or entity promoting the event. exercising except with the consent of the author or owner. Once an appeal is filed.4 What is the route of appeal? authorisation to register a third party or patronymic name. distinctive function as a mark. as well as imitations likely to cause confusion. social. decision. London . party mark. cultural. marks. 4. it will be published in the BPTO’s official gazette. in Brazil application based on all hypotheses set forth in article 124 of the IP they are usually related to the violation of a third-party right. science or art that are related reproductions or imitations of a characteristic or distinctive to the product or service to be distinguished. there are.

as well as its simple translation into Portuguese (if applicable). signed by two witnesses. titleholder of the non-registered trademark the right to protect the which states that repressing unfair competition is one of the main respective sign. Therefore.2 Who can oppose the registration of a Brazil trade mark? A trademark registration is valid for a period of 10 (ten) years. for the same or similar The applicant can still proceed with the payment of such official marks related to an identical or similar product or service.1 What happens when a trade mark is granted registration? assignment document.3 What is the procedure for opposition? to pay extra fees in the amount of USD 724. counted from the expiration date of fees and compliance with the 60-day term. as stated in article 2. paid during the last year that the trademark is in force (ninth year) In fact the only necessary requirements required by the BPTO are and in case of non-compliance with this period. the property of a mark is Brazil to remit royalties (if any) abroad. the BPTO publishes such (bylaws) proving that the assignee is engaged in the activities decision in the Official Gazette. There are no different types of assignments. proof of use of the trademark as regular evidence of use. licensee) that may cite these prior rights as obstacles for the registration of the opposed A trademark is renewed through a renewal application and payment trademark application. periods. 6 Registration prove that the legal representatives of the parties are duly empowered to represent the assignor and to execute the 6. applicant to proceed with the payment of the final fees.2 From which date following application do an applicant’s trade mark rights commence? Yes. 7. the owner of such trademark has only the parties. can be filed by the owner of such trademarks or any other interested third party 6. the registration An opposition is a petition that can be presented by any interested renewal is published in the BPTO’s Official Gazette. present a copy of the assignment executed between the parties (no need of legalisation). which can be successively renewed for identical consecutive since there is no legal restriction on who is entitled to do so. It is important to highlight that the 7. in oppositions and other manifestations before the BPTO. Once these fees are paid.UK 29 © Published and reproduced with kind permission by Global Legal Group Ltd. assuring the of unfair competition. Nevertheless. the owner of the opposed 7 Registrable Transactions trademark application will have a 60-day term to file a response.g. trademark application is definitely filed away. In this sense. an individual can register the licensing of a trademark. London . of the IP Law also states that “the titleholder of a mark or the applicant is further assured the right to ICLG TO: TRADE MARKS 2014 WWW. expectation to acquire such right. the regular term. Brazil 6. the non-assigned applications shelved.ICLG. After the publication in the Official Gazette of the notice of opposition. Item V.25. an individual can register the assignment of a mark before the A decision regarding an opposition duly filed takes approximately BPTO. and the important point issuing the Certificate of Registration and forwarding it to the of an assignment is that it must include all the registrations or applicant’s legal representative within approximately six months. to benefit from tax acquired by means of registration. Also. for example. Nevertheless.3 What is the term of a trade mark? 5. Oppositions filed based on prior rights. penalty of having the non-assigned registrations cancelled or the If after this period the official fees still have not been paid. payment of the official extended period of six months. Such fee can be opposition based on absolute grounds for refusal. and precedence on a first to file the recordation of the licence is not necessary to allow a licensee’s analysis as from the filing/priority date. article 130. the harmed the unlawful appropriation of clientele is always a strong argument applicant is entitled to seek protection as from the filing date. applications in the name of the assignor. which will lead to the issuance of the Certificate and the 10-year term of 7. under fees on an extraordinary period [30-day term] by paying extra fees. counted from the publication date of the trademark application. Yes. in case of a cancellation action for non-use. It is necessary to: five years to be rendered by the examiner. party within 60 days. and present an affidavit or a copy of an official document When a trademark registration is allowed. as a general rule.Gusmão & Labrunie Intellectual Property Brazil It is also possible to oppose a trademark application on the grounds safeguard its material integrity or reputation”. No justification is needed in order to renew the trademark registration under the extended period.50. The protection against actions such as as an unfair competition practice. while a trademark is deduction of such royalties and to oppose the licence to third still an application. the BPTO grants an the presentation of the Power of Attorney.4 How is a trade mark renewed? expressly allowed to enforce such rights (e.2 Are there different types of assignment? protection for the trademark. any third party is allowed to file an of an official fee in the amount of USD 479.CO. The registration of a licence is necessary to enable the licensee settled in In accordance with Brazilian IP Law. Any interested party can oppose a trademark application in Brazil. After the renewal request and payment of such fees. III. in case of infringement of a trademark objectives of the Law itself.3 Can an individual register the licensing of a trade mark? 6. but it is necessary 5.1 Can an individual register the assignment of a trade BPTO will render a decision taking into consideration not only mark? possible oppositions but also any other obstacle or statutory prohibition ex officio. of the IP Law. the BPTO publishes the final granting decision of the trademark registration. opening a 60-day term for the covered by the marks. which is not mandatory.

legitimate interested party must file a petition before the BPTO requesting the forfeiture of such registration.1 What are the grounds for revocation of a trade mark? investigative period (e. and (ii) the partial revocation of a trademark is also possible if the mark has been in use for only some Besides the grounds described in questions 3.: force Considering that the BPTO does not put limitations in this regard.7 Can an individual register a security interest under a trade considered a legitimate interest if (i) the commencer is a competitor mark? of the owner who owns the registration and intends to use that same TM in the same or a similar branch of activity. After with powers to defend the mark. Gusmão & Labrunie Intellectual Property Brazil 7. any of the goods/services that it identifies. the insertion of such clauses 8. Such appeal will be analysed by the to cancellation due to its non-use after five years of the BPTO President and a final decision will be rendered.6 Are quality control clauses necessary in a licence? rejecting the forfeiture request. lack of use by legitimate reasons. register a security interest against a TM application or registration.). filing a response. This means that the examiner will verify: (i) if the use was effective and consistent (in accordance with the product 8 Revocation nature). a judicial lawsuit may the use of the mark has not been initiated in Brazil.8 Are there different types of security interest? of the lack of use of a trademark by legitimate reasons. it is possible to present an article 217 of Brazil IP Law. If the trademark is subject to a non-use cancellation action.3 above. absence of such clauses does not lead to any administrative risk to the licensed trademark. except for the preference right which.1 above. the licensee can be invested by the titleholder is mandatory (otherwise the registration will be cancelled). granting of its registration and if: Should such appeal be rejected by the BPTO. The grounds of defence that can be raised are: (a) the justification 7.2 What is the procedure for revocation of a trade mark? The Brazilian IP Law accepts sub-licences and exclusive or non.4 What grounds of defence can be raised to a revocation Power of Attorney for the owner of the mark and a certified copy of action? the security interest agreement. opening another 60 (sixty) day term for the No.5 Can a trade mark licensee sue for infringement? Official Gazette. It is 7. or (ii) the In accordance to article 136. causes that prevent the there are different types of security interests accorded by the parties manufacture of certain products. II. the use of the mark has been discontinued for more than five consecutive years.ICLG. renunciation of the goods or services identified by the trademark. appeal to the decision rendered by the BPTO which granted or c) For the lack of use of a trademark: a trademark can be subject rejected the forfeiture request. relative ground can be sustained for invalidity of a trademark. which must be dated and cover the 8. and the parties to file appeals (please see question 8.1 and 4. or if. Its decision will also be published in the Official Gazette. Revocation proceedings can be commenced by any interested party who can justify its legitimate interest in such action.CO. within that period. and (b) and all of them are valid and acceptable.5 What is the route of appeal from a decision of revocation? b) For the lack of a qualified and domiciled representative in Brazil with powers to receive summons. and (iii) in case of composite or figurative A trademark can be revoked in Brazil by the following grounds: trademarks. debit notes. 9. etc. in accordance with As explained in question 8. of the IP Law. packages. etc.3 Who can commence revocation proceedings? might be advisable in order to protect the trademark reputation and the rights of the licensor.g. catalogues.1 What are the grounds for invalidity of a trade mark? It is important to highlight that (i) there will be no cancellation of the trademark registration if the owner is capable of justifying its Invalidity can be based on either absolute or relative grounds.4 Are there different types of licence? 8. In order to proceed with this recordal it is necessary to present a 8. since it cannot be eventual or sporadic. According to article 139. if the trademark registration has suffered some a) Renunciation: the applicant may request the full or partial essential alteration of its distinctive character. majeure causes. natural disasters. 8. Such response by the owner Brazilian IP Law. Nevertheless. which comprises registered before the BPTO.g. opening a 60-day term for the owner of the Brazil registration to prove the use of the mark or justify its non-use for If such provision is stated in the trademark licence agreement duly legitimate reasons during the investigative period. ad material. yes an individual can commencer owns another conflicting right.5). or be filed before the Brazilian court. the mark has been used with modifications involving 9 Invalidity the alteration of its original distinctive character. sole paragraph of the cancellation action request was filed. (ii) the reliability of the documents presented.UK ICLG TO: TRADE MARKS 2014 © Published and reproduced with kind permission by Global Legal Group Ltd. The BPTO will publish the notice of a non-use cancellation action request in the 7. which are those that present themselves as irresistible or inevitable (e. demonstration of the continued use of the trademark as it was originally granted. inexistence of raw material. the BPTO will analyse the arguments and documents presented and will render a decision granting or 7. any exclusive licences as well. according to the BPTO’s 30 WWW.). London . it is indeed possible to sue for the five years immediately prior to the date when the non-use infringement. as shown in the certificate of registration. quality control clauses are not necessary in a licence.

If the argumentation is based on (xi) a final decision on the merits will be rendered by the judge. each party may present its arguments. and Please refer to question 4. the plaintiff. Such decision will only be able evidence before trial. the complexity of the case. (iv) depending on the arguments raised by the defendant.CO. the defendant has. does it generally take for proceedings to reach trial from commencement? Also. the judge will establish the controversial decision regarding the cancellation of the registration will be points of the lawsuit and assess the necessity of further published in the Official Gazette.UK 31 © Published and reproduced with kind permission by Global Legal Group Ltd. the judge can also decide an The invalidation of a trademark procedure can be made through an eventual preliminary injunction request. Any interested party (inclusively the BPTO ex officio) can (viii) the parties will then present said evidence and each party will commence invalidation proceedings. an infringement claim shall be brought before the must be assessed if the rejection of the preliminary injunction respective State Court of the defendant’s residence or headquarters. to file their final briefs and the case will then reach trial. the main stages and article 6bis of the Paris Convention). The feasible measure to be taken in this case so on what basis in each case? would be filing a court action. counted from the publication of the granting in general. After the expert opinion is presented.3 Who can commence invalidation proceedings? what sorts of evidence they wish to present (oral. the court. action? (x) once this “evidentiary phase” is over. (ii) the judge examines whether all of the formal requirements 9. London . based on prior rights. however. if so. such claim can be rebutted based on several arguments. the judge understands that more evidence is necessary. to be challenged before the Brazilian Federal Courts through a (vi) if the evidence presented by the parties is understood to be nullity action. in general.1 How and before what tribunals can a trade mark be (i) The first one relates to the existence of unequivocal evidence enforced against an infringer? regarding the facts and grounds that are being argued in the initial complaint: the judge must be convinced of the veracity In Brazil claims for infringement must be brought before State of the facts and grounds alleged by the plaintiff.Gusmão & Labrunie Intellectual Property Brazil current understanding. witness. determines the summoning of the defendant. have 180 days. to take this measure. decision date. Concerning the preliminary injunction. must be weighed against the possible damages to be caused to the defendant in case such injunction is granted. Administrative Nullity Action. the prior use of the mark as a commencement to trial. since the same grounds of defence can be raised to an invalidation action. Action will be analysed by the BPTO’s President and Board and its (v) after the reply. ICLG TO: TRADE MARKS 2014 WWW. varies on a case-by-case basis according to family name or a commercial. Administrative Nullity Actions filed by the other. (vii) if. the parties will be notified to specify 9.2 What is the procedure for invalidation of a trade mark? have been met and. (ii) The second one refers to the real urgency of the matter: it As a general rule. two conditions must be 10 Trade Mark Enforcement simultaneously met for its granting. proceedings often take between 12-24 months. The interested party will summons is attached to the case records.ICLG. request could possibly cause serious or imminent damages to or before the State Court where the infringing act was carried out. the necessity for expert opinion. Both injunctions are available under Brazilian Law.5 What is the route of appeal from a decision of invalidity? As highlighted in question 9. an expert will be nominated by the obstacles for the registration of the challenged trademark judge and the parties will be notified to present their queries registration. for example. Courts. on the other hand. 15 days to present its defence. 9. bad faith. The amount of time that proceedings can take. while validity claims shall be filed before Federal Courts.2 there is no route of appeal for a 10. the This action is published in the Official Gazette for the owner of the judge may grant five to 10 days to the plaintiff to present a registration to present the manifestation (optional). the parties may then present their final briefs and the case will reach trial. since there is no delimitation have the opportunity to contest the new evidence presented to who is entitled to do so. Nevertheless. expert. At this stage. the parties may have the opportunity granting of the registration date. which can be filed once the (iii) once the defendant is summoned.4 What grounds of defence can be raised to an invalidation the opinion. and (b) highly renowned observed in a lawsuit from commencement to trial are the reputation of a prior registered conflicting trademark (article 125 of following: the IP Law). and indicate their technical assistants.2 What are the pre-trial procedural stages and how long examination procedure (opposition). from such as the prior use of the mark.2. etc. and the respective letter of registration of a trademark is granted. together with its technical assistant’s arguments. This. the absolute grounds for invalidity of a trademark are: (a) the well-known status of a conflicting trademark (article 126 of IP Law According to the Brazilian Procedural Code. among others). concerning 9. which must be filed within five years from the sufficient by the judge. according to article 273 of the Brazilian Procedural Code: 10. is only acceptable in the course of 10.3 Are (i) preliminary and (ii) final injunctions available and if decision of invalidity. written. can be filed by the owner of such (ix) in case an expert opinion is requested by the parties and trademarks or any other party that may cite these prior rights as accepted by the judge. Brazil (i) the plaintiff files its initial complaint before court. among others. This Nullity reply.

London . discovery proceeding. otherwise such (iii) the free-circulation of a product placed on the domestic market by the titleholder himself. in whole or in part. in its promotion and commercialisation. or (b) a suspend the effects of its merits decision. (i) the use. by traders and distributors. exports. which can be reduced or increased by as many as 10 times in view of the personal situation of the agent and the 10. or imitates it in a manner that or even in order to declare the nullity of such right between the may induce confusion. and is there any potential for cross-examination of witnesses? 10. Property Law (Law no. and the merits of the lawsuit and understands that the continuation of (iii) imports. product of his own industry or commerce. offers or displays for sale. scientific or literary 10.CO. Nonetheless. container or package that contains the legitimate mark of a Brazil third party.279/96). claim brought before a different court. foreign and the witnesses. etc. which may be taken (i) reproduces a registered mark. consent. 10. provided that fair competition practices are followed.1 What grounds of defence can be raised by way of non- Brazilian Patent and Trademark Office (BPTO). including documents. that a nullity 32 WWW. this is generally done in a hearing. reproduced. oral depositions (parties and or by the licensee when the Trade Mark Licence Agreement has witnesses). how? In the case of imprisonment. it is often granted when the judge is (ii) alters the registered mark of a third party already applied to convinced of the infringement or invalidity of a right when deciding a product placed on the market. maximum of 360 daily fines. With regard specifically to been recorded with the BPTO. in general. the suspension of infringement to a claim of trade mark infringement? an infringement claim will not be mandatory. are the provisions for unauthorised threats resolution of validity in another court or the Intellectual of trade mark infringement? Property Office? Brazilian IP Law does not provide for any regulations on An infringement claim can be stayed due to a pending validity unauthorised threats of trademarks. the validity of an IP right is being discussed before the 11. 9. so the parties are generally not compelled agent. relevant documents or materials to its adversary and if so from one to three months. However.UK ICLG TO: TRADE MARKS 2014 © Published and reproduced with kind permission by Global Legal Group Ltd.10 What. or if the trademark that to disclose any sort of documents or materials. conceals or certain practices may cause irreparable damages to the plaintiff. or imitated is famous. without the necessary authorisation.4 Can a party be compelled to provide disclosure of The penalties for such criminal practices are either imprisonment.6 Can infringement proceedings be stayed pending 10. of a third party. on the other hand. held in a vessel. the terms can be increased by one-third Under the civil law system followed by Brazil. In has in stock (a) a product bearing a mark illegally reproduced situations like this. has been altered. who can pursue a criminal prosecution? The Brazilian Procedural Code provides for various types of Criminal prosecution can be pursued exclusively by the titleholder evidence. the judge may establish that an appeal will not or imitated.ICLG. proxy. well-known or is depending on the circumstances of the case. The only criminal action that shall witnesses’ statements. if any.7 After what period is a claim for trade mark infringement time-barred? (ii) the use of a mark by manufacturers of accessories to indicate the purpose of the product.5 Are submissions or evidence presented in writing or orally size of the advantage obtained (article 197 of the Brazilian IP Law). 10. given that the Brazilian Procedural Code provides that only a judicial action can Article 132 of the Brazilian IP Law expressly provides for certain suspend another action. however. or in any other publications. escutcheons or national. If. witnesses’ statements can also be international official badges have been reproduced or imitated provided in writing. partner or employee of the titleholder.8 Are there criminal liabilities for trade mark infringement? work. It is important to highlight. The general rule is that a trademark infringement claim must be brought up within five years of the infringing act. there is no to one-half if the crime is perpetrated by a representative. in whole or in part. expert opinions. of their own distinctive signs along with the mark of the product. provided it is done without commercial connotation and without detriment to its According to articles 189 and 190 of the Brazilian Industrial distinctive character. Gusmão & Labrunie Intellectual Property Brazil As for a final injunction. parties. in which be considered public and pursued by the State refers to crimes in not only the judge but also the other party’s attorney may question which coats of arms. when the validity 11 Defences to Infringement proceeding was filed before the infringement one. exceptions which may be raised as non-infringement to a claim of This suspension may be requested by any of the parties or it can be trademark infringement. or payment of a fine. This may be verified when the resolution of the validity claim may directly affect the resolution of the infringement claim and. or by another with his claim can be declared extinct. which are: determined by the judge ex officio.9 If so. shall be set at a minimum of 10 and a used as evidence later in the lawsuit. without into account by the judge in order to reject the infringement claim authorisation of the titleholder. documents or data to be The fine. the judge may a certification or collective mark (article 196 of the Brazilian IP Law). a crime against a trademark As a means of defence in an infringement claim it can also be registration is practised by anyone who: argued the invalidity of the plaintiff’s right. establish the seizure of any materials. however. and (iv) the mentioning of a mark in a speech. sells. 10.

UK 33 © Published and reproduced with kind permission by Global Legal Group Ltd. as well as provides Customs proportion of the actual expense can be recovered? officers in each of the most important ports and airports with information about the legitimate product.CO. but this is not the position adopted by the Superior judge.e. a new appeal can be filed before the Superior Court of Brazil 11. (i) new facts. it is important that the trademark owner proves his/her 12. are paid by the losing party on the proportion If the goods are seized. The attorneys’ seize them ex officio or upon request by the trademark owner. the use of a trademark in comparative advertising. long as it is objective and does not harm the reputation of the mark (ii) the party was not aware of the fact due to serious and and its owner. with the sole limitation that the arguments raised on the Court of Justice. as long due to objective obstacles. to request seizure. presented during the first instance proceeding due to force majure.1 What is the mechanism for seizing or preventing the 12. an appeal can always be filed by any of the parties that this final seizure must be requested by the trademark owner to discuss the decision on the merits rendered by the first instance before the court. in order to prevent the importation of (iv) preliminary and final injunctions. its invalidity must be declared by a Federal Court in consolidated precedents from the Supreme Federal Court or the an action claiming a declaratory judgment in this regard.) and the parties’ attorneys’ fees. however. expert fees. in cases in which lawsuit. Customs may expenses are fully recoverable by the winning party. which has already decided that Customs appeal must have already been brought to the lawsuit before the Authorities may proceed with the final seizure irrespective of a decision on the merits was rendered (exceptions are listed in court order to do so. As a means of defence in an infringement claim the invalidity of the plaintiff’s right can also be argued. in order to enable them to The concept of costs may encompass the expenses with the lawsuit recognise the counterfeited ones. then the Customs Authority will inform the of 10 to 20% of the value of the judicial action. a proportion which trademark owner. or by the Superior Court of Justice.2 What grounds of defence can be raised in addition to non-infringement? Justice and/or the Supreme Federal Court. The Once able to identify the counterfeited products. London . how much work was done by the attorneys. who will have 10 working days to provide a must be decided by the judge based on the complexity of the case.ICLG. (taxes. its invalidity must be declared by a Federal Court in an action Brazilian scholars consider force majure the following claiming a declaratory judgment in this regard. infringement. on the other hand.1 What remedies are available for trade mark infringement? importation of infringing goods or services and if so how quickly are such measures resolved? The main remedies available for a trademark infringement are: (i) damages. take any measures to cease such before court due to objective obstacles. i. etc. question 13. for a long time. The Brazilian Customs’ Legal System does not yet provide for a formal procedure in which the titleholder can register its trademark (ii) search and seizure of counterfeited goods.2 Are costs recoverable from the losing party and if so what ownership over a specific trademark. and as it can be proven that the plaintiff was aware of the infringement (iv) the party’s attorney was not allowed to disclose the fact and did not. lately as a mean of defence in infringement claims. After that.1 What is the right of appeal from a first instance judgment the penalty of forfeiture. given that for an IP right to be considered null before the the decision on the merits was rendered in accordance with judicial general public. BPTO in an invalidity administrative procedure. given evidences can be added at the appeal stage only if they were not that for an IP right to be considered null before the general public. which may be taken into 13. the Customs Authority will then assess if the goods are counterfeited or not. 14 Border Control Measures 12 Relief 14. In this sense. though.2).Gusmão & Labrunie Intellectual Property Brazil declaration on an infringement claim affects solely the parties of the The right to appeal may not be exercised. It is important to highlight. etc. 13 Appeal Based on the parties’ arguments and evidence. or by the BPTO in circumstances: an invalidity administrative procedure. ICLG TO: TRADE MARKS 2014 WWW. and if so it may proceed with the final seizure of the goods and apply 13. respectively. facts that occurred after the decision on the Moreover. new infringement claim affects solely the parties of the lawsuit. infringing goods and to obtain the seizure of these goods by Customs. Once the appeal is decided by a State Court of Appeals (in infringement cases) or by a Federal Court of Appeals (in invalidity cases). but only to question the interpretation of federal law or constitutional matters. (iii) the party was not allowed to disclose the fact to its lawyer Also. as merits was rendered.2 In what circumstances can new evidence be added at the account by the judge in order to reject the infringement claim or appeal stage? even in order to declare the nullity of such right between the parties. the laches doctrine may be another ground of defence. technical report confirming that the goods are in fact counterfeited. fees. or for a “recordation system” similar to the US (iii) partial recovery of the costs and expenses with the lawsuit. that a nullity declaration on an According to article 517 of the Brazilian Procedural Code. the owner of the seized goods will have 10 working days to provide a response to the technical report. and and Europe. and is it only on a point of law? It is relevant to highlight that some Customs Authorities understand As a general rule. has been accepted by Brazilian scholars and judges objective reasons.

considering that similar/identical domain names can unregistered trademark by its owner. the extent of this protection will depend on the prior use of an In this sense.3 Are there any other rights that confer IP protection. Brazil adopts an attributive registered in the name of their local legal representatives in the Brazil system. 17. Article 8bis of the Paris Convention. as long as they are original and not likely to be confused Mark Application Examination. Once this is done. it is possible to: from use by a third party? a) file a court action requesting the ceasing of the infringement and the assignment/cancellation of the domain name. however. that well-known trademarks within its branch of activity. of the Brazilian IP Law. this special protection has never been IP Brazilian Association). commercial names. the Brazilian IP Law provides.2 How is a domain name registered? article 126. and CCBC – (Committee of regulated by any other piece of legislation. the BPTO emphasised the importance of adhering 16. irrespective of any registration. CSD-ABPI special protection extendable to the entire national territory has (Center of Disputes Solutions in Intellectual Property of the been requested. so in order to obtain Controversies about Domain Registration of the Center of national protection a company would have to file its bylaws before Arbitration and Mediation Chamber of Commerce Brazil- the Board of Trade of every Brazilian State. enforceable in Brazil? Foreign companies are bound to have their domain names With regard to trademark protection. through the respective registration with the BPTO.ICLG.1 Who can own a domain name? to the Madrid System for the international registration of trademarks and developments are expected in this sense.1 What have been the significant developments in relation It is also relevant to stress that the moment from which a company to trade marks in the last year? name is protected is also controversial. three dispute the States where the company has registered its bylaws. As an exception. Therefore. the dispute between them can be guided by the 15. applicable to all “. III. 34 WWW. so for foreign 17 Current Developments companies said protection would be considered national. conferred to domain names. or The extension of company name protection in Brazil is still a b) initiate an Administrative Procedure (SACI-Adm) – controversial matter.2 To what extent does a company name offer protection laws of unfair competition. through the rules against unfair competition.3 What protection does a domain name afford per se? establishes that a crime of unfair competition is practised by anyone who employs fraudulent means to divert another party’s clientele to Although there is no clear legal disposition to what protection is his or a third party’s advantage. does not limit company name protection to a specific territory. Besides this. as some argue it would be from the filing of the respective bylaw before the Board of Trade. unless the centres have often been accredited: WIPO. including all branches of activities. paying the necessary official fees. although we are not A domain name can be owned by natural and legal persons legally able to assure that such adhesion will happen in the near future. unregistered trademarks can also be protected in Brazil receives a confirmation that the domain name was duly registered. the applicant Moreover. Nonetheless. The new resolution creates rules for an independent and autonomous procedure. parties. allowing the owner of a trademark to 15. which means that trademark rights are only acquired country. enjoy After checking the availability of the intended domain name. under 16. Canada).br” domain names – by which the owner seeks the transfer/cancellation of the infringer domain name The Brazilian Civil Code provides that such protection is limited to through an Arbitration Mediation.CO. London . and is implementing new measures with others’ works for the same nature. it is important to stress that unregistered trademarks of identical and similar domain names and such protection is also may only be protected through unfair competition rules if there is extendable to the conflict between domain names composed by actual competition between the trademark owner and the infringer. the special protection regardless of whether they have been filed or registration procedure is quite simple: applying the request and registered in Brazil. especially on the grounds of article 195. which 16. especially for those websites that have similar content. book and film titles are protected by The BPTO has also once again modified its Guidelines for Trade copyright. Also. A new administrative procedure for the recognition of the status of while others believe it is from when the company started its “high renown” for registered trademarks has been set in place by activities.UK ICLG TO: TRADE MARKS 2014 © Published and reproduced with kind permission by Global Legal Group Ltd. on the other hand.2 Are there any significant developments expected in the next year? 16 Domain Names In its last reports. we highlight that there is no additional protection for book and film titles under the trademark scope. instead of restricted to a specific State. the BPTO. for directly request the recognition of high renown status in order to instance book title and film title rights? obtain the special protection foreseen by Brazilian law. among others. registered trademarks. Gusmão & Labrunie Intellectual Property Brazil 15 Other Related Rights established or represented in Brazil with regular registration before the Ministry of Finance (having a number of the National Register of Legal Entities (CNPJ). which is issued by the Brazilian Internal 15. lead to confusion for consumers. it is afforded protection against the use Nevertheless.1 To what extent are unregistered trade mark rights Revenue Service. pursuant to article 6bis (I) of the Paris Convention. 17. Nowadays. According to Brazilian law. prior disclosed by third to expedite internal procedures.

3 Are there any general practice or enforcement trends that this number will continue to rise in the following years. reducing costs and beginning a closer and more interdependent relationship with clients. 1485. A member of the Brazilian Bar Association Centro de Extensão Universitária (2005). obtained the title of Specialist at areas of intellectual property law.glpi. London . given the proximity with the World Cup. but encompassing all of its aspects. The idea is to offer the most adequate solution for each individual case. 11th floor Av.Gusmão & Labrunie Intellectual Property Brazil 17.M. English and French. Brigadeiro Faria Lima. also from the Université de Strasbourg (2002).br Email: avoiding both excesses and risks. coherence and transparency. São Paulo Torre Norte. Brazil Laetitia d’Hanens Fernando Eid Philipp Gusmão & Labrunie Intellectual Property Gusmão & Labrunie Intellectual Property Av. Brigadeiro Faria Lima. He also (LL. Our relationship with clients is based on the principles of rationality. Mrs. Gusmão & Labrunie was founded in 1988. Philipp graduated in Law at With the firm since 1996.) degree in Comparative Law at the Université Libre de holds a post-graduate degree in Civil Litigation Procedure from Bruxelles (1998). including IP. Laetitia d’Hanens leads the trademark.CO. that is better expressed by the term “partnership”. she has built a solid background in all Universidade Mackenzie (1997).com. and that During the last year we have seen an increase in the number of we believe will continue happening for a while. 11th floor Torre Norte. and obtained her Masters (LL. at least until have become apparent in Brazil over the last year or so? the end of the Olympic Games to be held in Rio de Janeiro. Fernando Eid Philipp leads the litigation team at Gusmão & the contracts teams at Gusmão & Labrunie Intellectual Property. refers to the measures and lawsuits involving ambush marketing and related creation of specialised courts in different States to decide corporate matters. to determine what is necessary and to keep to it. the consultancy and Mr. In other words. d’Hanens is fluent in Portuguese. Property Association (ABPI). Such an innovative position breaks away from past paradigms. aimed at gathering a team of highly qualified professionals to provide legal and technical services of the highest standards.UK 35 © Published and reproduced with kind permission by Global Legal Group Ltd. d’Hanens graduated in Law at the Université de Strasbourg (2001). with special emphasis on the Centre D’Etudes Internationales de la Propriété Industrielle at contracts and consultancy.).br Mr. and a Masters degree the Universidade de São Paulo (1995). Another trend that we have observed in the past few years. seeking overall ICLG TO: TRADE MARKS 2014 URL: www. Mr.glpi. English and URL: www.M. São Paulo Brazil Brazil Tel: +55 11 2149 4500 Tel: +55 11 2149 4500 Fax: +55 11 3819 0455 Fax: +55 11 3819 0455 Email: ldhanens@glpi. Labrunie Intellectual Property. fluent in Portuguese. where she coordinated the Geographical Indications Standing Philipp. exclusively concerning Intellectual Property. and a degree in (OAB) and the Brazilian Intellectual Property Association (ABPI) – Intellectual Property from the Franklin Pierce Law Center. is a member of Committee and thereafter the Trademark Standing Committee – the Brazilian Bar Association (OAB) and the Brazilian Intellectual Mrs. 1485. We believe that matters.

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