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ARTICLE · 27 JANUARY 2016

"Cutting" INPI´s Line

Veirano e Advogados Associados
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This judgment is seen as one solution for those who have been waiting an unreasonable amount of time to receive a decision on their trademark applications.

BrazilIntellectual Property
Maurício Maleck
Maurício Maleck

In a judgment published on November 12, 2014, the Second Panel of the Federal Court of Appeals of the Second Circuit (TRF2) ordered the Brazilian National Institute of Industrial Property (INPI) to issue, within 60 days, a final decision on the appeal filed by A Especialista Comércio e Design de Móveis Ltda (A Especialista). A Especialista was appealing INPI's rejection of its trademark application. Based on Federal Law No. 9,784/99, which regulates the federal administrative proceedings, in conjunction with Federal Law No. 9,279/96, the Industrial Property Law Justice André Fontes found that INPI was taking an unreasonable amount of time to resolve the appeal (six years), and said that this would amount to an unjustifiable omission (Proceedings No. 0131120-46.2013.4.02.5101).

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