Tuesday, February 13 2024   \  Published by CNV Brazil.

The subjectivity of judicial decisions in matters of trademark registration

The subjectivity of judicial decisions in matters of trademark registration

In intellectual property law, the interpretation of the subject matter by examiners and judges is often divergent. In less than three months, two judicial decisions totally contrary to each other were declared. Understand the case and the importance of specialized legal advice.

The applicant of the registrations of a mixed (word + design) trademark in the clothing and footwear industry (international classes 25 and 35), filed a lawsuit seeking to combat the misuse of a trademark identical to his own with the addition of the expression “STORE”. The Defendant company has already had the trademark rejected based on the Plaintiff’s registration in the same international class and, recently, it filed a new lawsuit in the clothing industry (class 40).

The law firm of the case filed the lawsuit in the city of domicile of the Defendant, in the countryside of São Paulo, requesting Injunction and, on 11/22/2023, the Judge rejected the request, considering the trademark element a word of common use and suggestive in the segment, including mitigation; in addition, the magistrate understood that the mixed (word + design) trademark is composed of two signs and figurative elements, which contributes to the differentiation, removing confusion with consumers. Read more

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