New procedure of recognition for “highly renowned” trademarks
Resolution No.107/13 which regulates the new procedure of recognition for “highly renowned” trade marks in Brazil came into force on February 2014.
Though this resolution, the Brazilian Patent and Trademark Office (INPI) enables the possibility to request this new status for certain trademarks.
To have “highly renowned” status in Brazil, a trademark must fulfill 3 requirements:
- It must be recognized by a significant portion of the general public
- It must be associated with a certain degree of quality, reputation and prestige in relation to the relevant goods or services distinguished
- It must have the necessary degree of distinctiveness
The resolution establishes an autonomous procedure for the public to seek for recognition of a certain trademark as “highly renowned”. This recognition can be requested at any time during the validity of the trademark; having to pay additional official fees and submitting the necessary evidence of the alleged status.