In a recent court decision, a reputable healthcare service provider, obtained success against a lawsuit filed by another company seeking the cancelation of a decision issued by the National Institute of Industrial Property (INPI).
The plaintiff, operating in the dental services field, filed a trademark application in class NCL (11) 44 (dental services) on October 3, 2017. However, the Brazilian Trademark Office refused this request, citing as relevant the prior registration owned by our client.
Our client, a healthcare provider offering medical services, had its registration granted on December 18, 2018, in the same class NCL (11) 44 (medical treatment services), which was filed on September 27, 2017.
The court ruled in favor of our client, declaring the plaintiff’s claim unfounded. The judge found that there is a market affinity between the parties due to their involvement in healthcare-related services. Additionally, the analysis concluded that one particular term was the most prominent element in both trademarks, leaving a stronger visual impact on consumers.
This successful outcome reinforces the safeguarding on intellectual property rights and ensuring the protection of brands in highly competitive markets.
