ACMinas - Commercial and Business Association of Minas Gerais state, Brazil, held in August 21st, 2014 the 51st Business Roundtable, in Belo Horizonte city/MG, Brazil.
VILAGE Brazil Intellectual Property, represented by its consultant Sara Oliveira, attends to the event with more 48 companies.
"We are responsible for ACMinas’s trademarks. The Association is VILAGE’s partner years. Beside of finding client and friends, I contributed with information in regards intellectual property, showing all the services offered by VILAGE "says Sara.
BENEFICIADORA J A CARRERA IMPORTAÇÃO E EXPORTAÇÃO LTDA, VILAGE Brazil Intellectual Property’s client, has obtained the registration no. 820 597 031 – trademark “PREFERENCIA” before Brazilian PTO (INPI), IC 30 for RICE.
A third party has filed an administrative review request, affirming that this registration is similar to its registration no. 819 407 135 – trademark “PREFERENCIA”, IC 31 for DAIRIES.
Brazilian PTO has cancelled our client’s registration based on Article 124 XIX of the Brazilian Industrial Property Law, accepting the above mentioned request filed by third part.
Brazilian Industrial Property Law
124. The following are not registrable as marks:
XIX. reproductions or imitations, in whole or in part, even with an addition, of a mark registered by another party, to distinguish or certify an identical, similar, or alike product or service, likely to cause confusion or association with the other party’s mark;
VILAGE Brazil IP, represented by its legal team, has filed a legal action before Brazilian Court of Rio de Janeiro, aiming to cancel the INPI’s decision that extinguished the Brazilian TM registration no. 820 597 031 of our client.
In first instance, action was granted in the favor of VILAGE’s client under the understanding there is no market affinity between the parties’ trademarks (rice and dairies), allowing the maintenance of the client’s registration.
Brazilian PTO has appealed the sentence; however, the Court maintained its decision, thereby keeping the registration, declaring no similarity between goods and visual identity of the marks.
Click in the link to view the full content of the process (in Portuguese language; please, contact VILAGE Brazil IP if you wish the translation of this content).
By reading the judgment, it can also be noted that at the time of third party’s application granting (819 407 135), our client had already owned the trademark "PREFERENCE" (only name, registration no. 813 644 054), in other words, the previous registration didn’t constitute an obstacle to the grant of third party’s trademark registration.
VILAGE’s Legal Department has managed to recover its client’s trademark registration that had been canceled.