The World Cup General Law (12.663/12) establishes a “special regime” for the trademarks filed by FIFA. Among other things, the Law provides that the Brazilian National Institute of Industrial Property (INPI) will note the condition of high reputation of its trademarks, through the list provided and updated by FIFA. However, this procedure requires that the INPI will not require to FIFA to prove the condition of high renowned trademark. The special regime will last until December 31st, 2014.
The high renowned trademark has special protection in all fields of activity, according to the Brazilian Industrial Property Law (9.279/96). This exception applies to the cases in which a trademark can, through time, extrapolate the original segment in which it was originally intended, due to the quality, reputation and prestige associated with it.
Following the Law Cup, FIFA has sent to INPI lists with registered trademarks that considers high renowned trademark. Among such trademarks, there is the trademark “PAGODE”, which proposes, among other items, “typefaces”, (Pagode is a Brazilian style of music which originated in Rio de Janeiro, Brazil, as a subgenre of Samba). By becoming a high renowned trademark, the trademark has special protection in all fields of activity. In cases related to the General Law of the Cup, the highly renowned ceases to exist on January 1, 2015.
| Process Number: | 830597280 | |
| Owner: | FÉDÉRATION INTERNATIONALE DE FOOTBALL ASSOCIATION (FIFA) |
|
| Trademark: | PAGODE |
| Nice Class: | NCL(9) 16
Having been among the main staple food in the Middle Eastern and Indus valley, this was equally popular during pre- Islamic times with many civilizations owing to countless proven health benefits. http://amerikabulteni.com/2011/07/20/rupert-murdoch-gercek-lord-voldermort-mu/ viagra online from canada ESPN International – ESPN International is one of the world’s leading find out over here viagra no prescription male impotence drugs online from the comfort of your lounge. Oatmeal is the best snack before sexual activity! Grapefruit Is a Big NO! Consumption of grapefruit is generally not recommended safe for consumption with highly acidic foods including citruses, tomatoes, and vinegar. + The grapefruit is to be consumed in small amounts, as ingredients shall unlikely conflict with medications, but you can definitely buy levitra line over-consume fruits. Long term coughing, pain in head, pain in heart and sometimes it even affects kidney these are the possible side effects of these drugs. viagra pfizer 25mg |
Valid until: | 30/04/2023 | ||||
| Nature: | Product | ||||||
| Filing Date: | 06/05/2010 | ||
| Grant Date: | 30/10/2012 | ||
| Status: | ALIVE: 30/10/2022 |
It is incumbent of the INPI to grant trademark registrations, but not to take care for their reputation or material integrity. Prosecuting someone in court against unauthorized use of trademarks is a decision that lies to the owner.
However, when discussing the trademark registrations, one should always observe the balance between the protection of such rights and the public interest by ensuring that what belongs to all or what can not belong to anyone in an exclusive basis.
The Trademark Right represents a monopoly on the ability to economically exploit a given signal, observed all the conditions, rights and obligations that the Brazilian Intellectual Property Law 9.279/96 provides. In this sense, the term “PAGODE”, as part of a non commercial use, is free to be used; already in the commercial use, provided it does not be confused or associated with the expression “PAGODE” filed by FIFA (or by other companies) can, in principle, be used. Currently, the INPI has 126 trademarks with the word “PAGODE”, among applications and granted trademarks.
But it is worth mentioning again that it is to the owner watch over the trademark and go to court when deemed necessary, and the Judiciary Power shall decide the issue.
