Imagine that an applicant files a trademark application. The application is refused by the Brazilian PTO on the grounds of conflict with a previously registered trademark that contains a similar nominative element (or by legal restrictions of the BIPL), even if with a different graphic composition.
What many people think: “If the Brazilian PTO has refused it, there’s nothing more to be done.”
In practice, it’s not quite that simple.
The filing of an appeal against the refusal of a trademark allows not only the re-evaluation of the application by the Brazilian PTO, but also the preservation of the strategic value of the distinctive sign, through specialized legal action.
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 can be reviewed. As an example, there are recent cases in which, after the performance of the CNV IP Law Firm team, negative decisions were amended, resulting in the approval of our clients’ marks.