Imagine that John files a trademark application in Class 09 (electronic equipment). The application is refused by the Brazilian PTO on the grounds of conflict with a previously registered trademark that contains a similar nominative element, albeit with a different graphic composition.
What many think: “If the Brazilian PTO refused it, there is nothing else to do.”
In practice, this is not the case.
In certain cases, it is possible to file an administrative appeal, demonstrating, for example:
- relevant phonetic and conceptual differences;
- coexistence of similar signals in the same segment;
- absence of effective risk of confusion;
- analysis of the trademark set, and not just an isolated element.
With adequate technical grounds, the refusal may be reviewed.