O registro do INPI em xeque

The granting of a trademark, patent or industrial design registration is an act that requires the observance of several legal rules that must be followed by BPTO – Brazilian Patent and Trademark Office.

However, some registrations are often granted in disagreement with the rules contained in national legislation, in particular the Industrial Property Law – LPI, Law 9279/96, and in international agreements and treaties to which Brazil is a signatory.

On the other hand, attacks on records are common without technical, legal or factual grounds capable of leading to the recognition of their nullity. A well designed defense is fundamental at this point, under penalty of loss of rights and negative reflexes in businesses already signed.

Como atuamos

Administrative Measures

The registration can be attacked by means of measures before the INPI itself, soon after its concession. The deadlines vary according to the object of registration (trademark, patent or industrial design), as well as the effects caused by this measure.

Legal Measures

The law provides the possibility of joining a lawsuit to attack the registration and recognition of its nullity. The processing takes place before the Federal Court and has as parties the BPTO and the owner of the registry attacked.

Attack as strategy

Recognition of the nullity of a registration is part of the defense strategy in trademarks, patents or industrial designs infringement actions, and can guarantee the continuity of the exploitation of a particular product or service.

Defense to guarantee rights

Obtaining the recognition of a nullity can guarantee free competition and the use of technology already available in the public domain or even of expressions, objects and concepts used indiscriminately and in large scale by the market.

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