The Industrial Property Law guarantees to the owner of the trademark registration ownership rights and exclusivity of use over the trademark, throughout the national territory. Those rights include the right to ensure the material integrity, positive reputation and image of the trademarks under its ownership.
However, what can the owner do if a third party is improperly using its trademark?
Initially, it is recommended to send an out-of-court notification or a judicial notification to the infringer, with an explanation of the facts and legal arguments that support the application for immediate abstention from use.
In general, prior notification of the infringer has positive effects and is a way of resolving the issue in a friendly manner.
However, if the infringer refuses to refrain from using the trademark, it is recommended that a lawsuit be filed, which may be done independently of out-of-court or judicial notification.
The lawsuit may contain a claim for compensation, because Brazilian law provides that the owner of the trademark is due moral and material damages in case of infringement of its exclusivity right.
So, if your trademark is being infringed, look for an expert. Peduti Advogados is a law firm located in São Paulo, Brazil, specialized in Intellectual Property, with more than 40 years of tradition in the field, offering all services related to the areas of Copyright, Trademarks, Patents, Industrial Designs, Software, Technology transfer and Entertainment Law.
In our team we have lawyers, engineers and technicians specialized in Intellectual Property who are qualified to give a swift and clear answer to our client needs, be they related to advisory or litigation. Peduti Advogados
Author: Thaís de Kássia Rodrigues Almeida Penteado, Senior Associate & Head of Litigation at Peduti Advogados.
“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”