News

The Brazilian PTO will be closed on April 21, 2021 and April 23, 2021. Deadlines expiring on these dates will automatically be extended to April 22, 2021 and April 26, 2021, respectively.  

On April 13th, 2021, the Brazilian Patent and Trademark Office announced Public Consultation No. 01/2021 on the examination of trademark applications for position marks in Brazil. The main objectives of the consultation are the draft of a normative act to regulate the registration of position marks, and of guidelines for examining position mark applications. Interested parties may submit their suggestions until May (...)

The 3rd Panel of the Superior Court of Justice (“STJ”) cancelled the trademark registration for “Power Bull” to identify energy drinks due to the risk of confusion and undue association between the marks, since the consumers may be induced to believe that the products had the same origin1. On the nullity lawsuit filed by Red Bull Gmbh, the lower court considered that the term “bull”, translated (...)

On April 07, 2021, the Justice Dias Toffoli, from the Supreme Court of Justice, ordered the suspension of the sole paragraph of article 40 of the Brazilian Industrial Property Law related to pharmaceutical products/process and health device patents. The decision derived from a preliminary injunction request filed by the Public Prosecutor Office in view of the postponement (...)

Further to Resolutions Nos. 240 and 241, of July 9, 2019, the Brazilian Patent and Trademark Office (BPTO) published, on March 30, 2021, the Ordinance No. 241, which extends the proceedings related to the issuance of a preliminary office action to patent applications filed between January 1st and December 31st, 2017, so as to collaborate (...)

The plenary of the Supreme Court (STF) unanimously dismissed the Direct Unconstitutionality Action (“ADI”) 5631, proposed by the Brazilian Association of Radio and Television Broadcasters (ABERT) against Bahia’s State Law No. 13582 of 2016, that prohibited the advertising of foods and drinks low in nutrients and with a high content of sugar, saturated fats or sodium focused on children. The justices reached (...)

The International Federation of the Phonographic Industry (IFPI) announced on March 23 that paid streaming, with approximately 443 million subscribers, boosted the global music industry, which achieved a 7.4% growth in 2020. Digital music streaming platforms, including Spotify, Apple and Deezer, generate 62.1% of global revenue from music. Leading sales in 2020 is the successful (...)

The Brazilian PTO will be closed from March 26, 2021 until April 1, 2021. Deadlines expiring on these dates will automatically be extended to April 5, 2021