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. Read more