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The Federal Court of Appeals orders the Brazilian PTO to grant a trademark registration for “São Lourenço da Serra”, but without exclusive rights over the word elements

In an administrative proceeding, the BrazilianPTOinvalidatedthe registration of the composite mark “São Lourenço da Serra”, based on the anticipation of the composite marks “São Lourenço”, which covered  the same services of bottling of mineral water.The lower court affirmed the Brazilian PTO’s understanding and the plaintiff was ordered to cease use of the mark “São Lourenço da Serra”,underthepenalty of a fine.

However,the Federal Court of Appealsauthorized the coexistence of the marks because “São Lourenço” and “São Lourenço da Serra”aremunicipalitiesoftheState of Minas Gerais, and therefore no one should hold exclusive rights over the use of such names as trademarks.Besides. The device elements of the marks afforded them sufficientdistinctiveness and avoided any risk of consumer confusion.

In view of this,the plaintiff’s trademark registration was declared valid, but without exclusive rights over the word elements.

1Lawsuit No.0005685-45.2013.4.03.6100

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