Highly Renowned Marks – Regulation Introduced By INPI Resolution No. 110/04

Before addressing highly renowned marks, in order to provide a context for the subject of this report, it is appropriate to quickly review what is set forth in Article 233 of Industrial Property Law (IPL) No. 9,279/96 – contained in the chapter on temporary provisions. Under this provision, applications for recognition of a mark’s renown were ultimately dismissed, whereas previously granted recognition prevailed until the term for the respective claim expired, independent of extension of the original registration.

Under the previous legislation, Law No. 5,772/71 (CPI), the mark considered to be renowned was ensured special protection in all classes, holding its own registration to prevent others from reproducing or imitating it, in full or in part, provided that confusion could arise as to the origin of the goods, merchandise or services, or disparagement of the reputation of the mark.