Select Country

Select a country to view information on local trademark law

A-E  F-J  K-O  P-T  U-Z

Multinational Agreements
Enter Client Voucher:  info
for Free

Get Listed

Promote your expertise to IP professionals worldwide.
read more

Subscribe to Free Newsletter

To keep updated on the latest amendments to international trademark laws click here

Amendments to Trademark Laws

Print this page
Sep 27, 2012 (Newsletter Issue 14/12)
Show Country Survey

New Rules on TM Coexistence Agreements

On August 21, 2012, the BPTO published a Normative Legal Opinion (INPI/CPAPD 001/2012) consolidating the view that coexistence agreements are to be taken into consideration as an element for the analysis of applications. While the examiners will not be bound by the consent of the owners of the blocking marks and may therefore reject or confirm the rejection of applications if they consider the marks involved as conflicting, the evidence of a consent will constitute a valuable argument to avoid or challenge a rejection.

This Normative Legal Opinion also contemplates the possibility for the examiners to raise office actions inviting the applicants to adjust the list of products or services envisioned or even introduce modifications in the marks themselves so as to permit their coexistence with the earlier marks cited as obstacles.

This Normative Legal Opinion became effective as of its publication.

Source: Annemann Siemen Bigler & Ipanema Moreira, Brazil