Thursday, September 8 2022   \  Published by Peduti Advogados.

TM exclusive rights of use: exceptions according to Brazillian law

TM exclusive rights of use: exceptions according to Brazillian law

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. Read more

Ready to Get Started?

Contact Sales