Nullity Action
Trademark, Industrial Design and Patent Nullity Action: Protect your rights against undue registrations
The trademark and patent protection system aims to guarantee exclusive use and the appreciation of intangible assets in the market. However, registrations made with the National Institute of Industrial Property (INPI) are not always legitimate or valid. When a trademark or patent is registered irregularly or in non-compliance with the legislation, an action for nullity is the appropriate legal instrument to correct this situation.
What is a trademark or patent nullity action?
The action of nullity is a legal measure that seeks to declare the registration of a trademark, industrial design or patent granted by the INPI invalid. These actions can be filed when:
• The registration was granted in violation of the law, such as the lack of originality, novelty or inventive step in the case of patents.
• The registered trademark creates confusion in the market because it is similar to an existing trademark.
• The registration was obtained in bad faith, with the intention of harming third parties or taking undue advantage of a legitimate trademark or patent.
• The object of the registration does not comply with legal requirements, such as lack of distinctiveness or violation of technical and ethical standards.
When is it possible to file this action?
The action of nullity may be filed by any person or company that has a legitimate interest in the case, such as owners of trademarks, industrial designs or previous patents who feel harmed.
Furthermore, INPI must be summoned to participate in the action as an interested party.
Benefits of the action of nullity
Cancelling an irregular registration brings benefits such as:
• Protection of trademark rights, industrial designs and legitimate patents.
• Prevention of commercial damages caused by unfair competition, resulting from the undue holding of market exclusivity.
• Market regulation, promoting legal security for business.
Actions of Nullity involve complex technical and legal analysis, requiring in-depth knowledge of Intellectual Property and experience in handling judicial and administrative processes.
Our office works strategically, assisting in all stages of the process:
• Preliminary assessment of the case and the grounds for nullity.
• Preliminary assessment of the case and the grounds for nullity.
• Consulting to prevent conflicts and protect your rights.
If you have identified irregularities in the registration of a trademark, industrial design or patent that are damaging to your business, do not hesitate to seek legal advice. We are ready to help you protect what is rightfully yours.
