The 4th Panel of the Superior Court of Justice (“STJ”) annulled the trademark registration for “Fogo Olímpico”, which identified alcohol and ethyl alcohol1.
The decision was rendered in a lawsuit filed by COB seeking the nullity of this registration based on its exclusive rights to use of Olympic symbols and expressions that allude to the Olympics.
The lower court and the Federal Court of Appeals for the 2nd Region dismissed the lawsuit based on the understanding that the activities developed by the parties were different and insufficient to cause consumer confusion.
However, in a judgement at the STJ, the Reporter Justice Luis Felipe Salomão pointed out that the law was clear regarding the prohibition of registration of designations and symbols related to any sporting event, which prevented the use of the mark without the consent of the competent authority or entity promoting the event. The decision was also based on the Pelé Law, which grants management or sports practice managements the exclusive property of the denominations and symbols that identify them. Such protection is valid throughout the national territory, for an indefinite period, without the need for registration.
1 Special Appeal 1.583.007
More information available in Portuguese at: https://www.stj.jus.br/sites/portalp/Paginas/Comunicacao/Noticias/26042021-Por-falta-de-autorizacao-do-COB–Quarta-Turma-anula-registro-da-marca-de-alcool-Fogo-Olimpico.aspx