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ARTICLE · 08 MAY 2023

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Updates About Non-use Cancellation Action Procedures Provided By The BPTO Technical Note No. 03.2022

Leão Advogados Associados
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Cesar Leite and Pedro Bocchese wrote a very interesting article on " Artificial Intelligence within reach of all" addressing multiple connections of human beings with AI and highlighting the recent popularization of ChatGPT as "the first effective and functional connection of the vast majority of people with AI".

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Leão Advogados Associados
Leão Advogados Associados

On December 28, 2022, the BPTO has published the Technical Note No. 03 of 2022, which updates the procedure for the non-use cancellation action.

Non-use is the possibility to claim for the declaration of extinction of a trademark in case its use has not started after 5 (five) years from the date of its concession or in case of using the mark in a different way as it was granted (or i.e. with any substantial alteration from what was originally registered and/or commercializing products or services of which they were not registered for). In addition, expiry may be declared if the use of the trademark has been interrupted for more than 5 (five) consecutive years.

Therefore, we highlight below the main updates in this procedure:

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