Back to news menu
Hot Topic – Analysis of trademark conflicts

In a recent decision¹, the Superior Court of Justice confirmed the understanding that the analysis of trademark conflicts should also consider the ideological similarity of the marks, under the penalty of consumer confusion or wrongful association.

In this case, the owner of the mark “BIGFRAL” filed a nullity lawsuit against registration of the mark “MEGAFRAL”, claiming ideological imitation of its mark, as both trademarks conveyed the idea of ​​”big diaper”.

The lower court ruled in favor of the plaintiff, but the decision was reversed by the Federal Court of Appeals of the Second Region, holding that the mark “BIGFRAL” was formed by common and evocative terms, and that the mark “MEGAFRAL” was sufficiently distinctive.

Upon deciding the appeal, the Superior Court of Justice held that both trademarks conveyed the idea of ​​”big diaper”, which could result in confusion or wrongful association by consumers. The registration of the mark “MEGAFRAL” was then declared null.


¹ Special Appeal No. 1.721.697