International Comparative Legal Guide to: Trade Marks 2021.
Murta Goyanes Advogados was invited to contribute to the renowned publication “International Comparative Legal Guide to: Trade Marks 2021”. The lawyers Luiza Duarte and Tatiana Ortiz drafted the chapter about Brazil, the content of which is available in the link: https://iclg.com/practice-areas/trade-marks-laws-and-regulations/brazil.
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World Book and Copyright Day.
Today we celebrate the World Book and Copyright Day! Created by the United Nations Educational, Scientific and Cultural Organization (UNESCO), in 1995, the date seeks to promote the importance of reading, the publication of books and the relevance of copyright protection. This day is also recognized for the publication of the 1st video on YouTube, which (...)
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The Brazilian PTO’s operation on April 21 and 23, 2021 and extension of deadlines.  
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.  
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The Brazilian PTO opens public consultation to discuss examination and registration of position marks.
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 (...)
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STJ cancels energy drink trademark registration formed by the term “Bull” .
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 (...)
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Supreme Court of Justice suspends the provision which guarantees the minimum 10 years term for patents.
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 (...)
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BPTO extends the proceeding of preliminary office action to patent applications filed in 2017.
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 (...)
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The Brazilian Supreme Court declares the constitutionality of a state law that prohibits certain food advertising for children and teenagers.
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 (...)
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