Sounding it out: A global view on registering sound trademarks – Part 2

Protecting a sound or melody as a trade mark is challenging—applicants must not only accurately represent their sign in a way that meets the expectations of their local Trade Mark Registry, but also prove their sound, noise or jingle is sufficiently distinctive to justify protection. In this second of a series of posts, we continue […]

Brazil: “Cutting” INPI´s Line

In a judgment published on November 12, 2014, the Second Panel of the Federal Court of Appeals of the Second Circuit (TRF2) ordered the Brazilian National Institute of Industrial Property (INPI) to issue, within 60 days, a final decision on the appeal filed by A Especialista Comércio e Design de Móveis Ltda (A Especialista). A […]

Brazil: Infringement Despite Distance: The Bosembecker Case

In a judgment handed down on December 10, 2014, the Fifth Panel of Rio Grande do Sul’s State Court of Appeals found the mark of the defendant, Bosembecker e Cia Ltda, confusingly similar to the mark of the plaintiff’s, Bosembeckertur Agência de Viagens e Turismo Ltda’s, registered service mark BOSEMBECKER (trademark registration No. 826179452). The […]

AdWords In Brazil – A Different Approach

In Brazil, paying for AdWords services for internet searching engines such as Google and Bing can amount to trademark infringement and unfair competition. In Twogo v. Togo,1the State Appeals Court of São Paulo held that there had been trademark infringement and unfair competition, prohibiting the defendant from using the terms ‘2gotur’, ‘2go turismo’ and ‘TWOGO’ […]