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The Small Claims Court of Frutal – MG issued a decision1  holding that marketplace platforms are not responsible for defective products sold by its users. The lawsuit was filed by a user who bought a waterproof mobile phone on the Mercado Livre website and, after using the product in water, it presented several defects, which (...)

In a recent decision¹, the Brazilian Superior Court of Justice (“STJ”) confirmed the understanding that, in cases of evocative or suggestive trademarks, the exclusivity conferred by a registration must be mitigated, since this type of trademark has a low degree of distinctiveness. In this case, American Airlines filed a nullity lawsuit against the Brazilian Patent (...)

We are among the top 10 patent firm in Brazil. Check out the comments about Murta Goyanes in IAM Patent 1000 2019  https://www.iam-media.com/directories/patent1000/rankings/brazil Murta Goyanes is – in the words of one competitor – “a firm to watch out for”. The “quality of its services”, excellent client relationships and “consistent growth” that market sources have (...)

Brazilian Congress approves Provisional Measure that creates data protection authority The Brazilian Congress, formed by the Chamber of Deputies and the Federal Senate, approved the Provisional Measure No. 869/18, which changes several provisions of the Brazilian General Data Protection Law (Law No. 13,709/18 – “LGPD”). A highlight of the Provisional Measure is the creation of (...)

The BPTO published for public consultation the draft Resolution about the Madrid Protocol. Interested parties may send suggestions and comments until June 27, 2019. The Brazilian Patent and Trademark Office (“BPTO”) is preparing to implement proceedings for (a) trademark registration in a multiclass system; (b) joint ownership of trademark registrations; (c) divisions of trademark registrations (...)

The BPTO published for public consultation the draft Resolution about joint ownership of trademark registrations. Interested parties may send suggestions and comments until June 20, 2019. The Brazilian Patent and Trademark Office (“BPTO”) is preparing to implement proceedings for (a) trademark registration in a multiclass system; (b) joint ownership of trademark registrations; (c) divisions of (...)

The BPTO published for public consultation the draft Resolution about divisions of trademark registrations and applications. Interested parties may send suggestions and comments until June 20, 2019. The Brazilian Patent and Trademark Office (“BPTO”) is preparing to implement proceedings for (a) trademark registration in a multiclass system; (b) joint ownership of trademark registrations; (c) divisions (...)

Client Alert: Brazilian Senate approves admission to the Madrid Protocol The Brazilian Senate (upper house) approved, on May 22, 2019, Bill of Law No. 98/2019, which formalizes Brazil’s admission to the Madrid Protocol. The agreement will allow companies and individuals from member countries to request, through the World Intellectual Property Organization (WIPO), the registration of (...)