Acquired distinctiveness in Brazil

The Brazilian Patent and Trademark Office (BPTO) has made significant strides in recognizing acquired distinctiveness in trademark law by publishing in the Official Bulletin No. 2840 of June 10, 2025, Ordinance No. 15/2025, which allows the possibility of demonstrating acquired distinctiveness through use during trademark examination. These instances are as follows: Corrobation is required to demonstrate […]

TOOLS FOR HUMANITY CASE: BRAZILIAN DPA UPHOLDS SUSPENSION OF PAYMENTS FOR IRIS COLLECTION

The company Tools for Humanity, which manufactures an advanced camera called ORB, had been collecting iris, facial, and eye data from individuals in exchange for financial compensation via a crypto asset known as World Coin (WLD). The stated purpose of iris collection, according to the company, was the development of a “unique human verification system” […]

Ozempic: The Expiration of Patent Exclusivity

Ozempic is the trademark used to designate the medication that contains the active ingredient known as semaglutide, which is used to treat diabetes. It has gained significant popularity in the Brazilian market due to its side effect of weight loss in patients who use the well-known injectable “pen.” Currently, the company Novo Nordisk A/S holds […]

Understanding Well-Known Trademarks in Brazil

Do you know what well-known marks are? A well-known trademark is one that has achieved significant prestige, fame, and notoriety throughout the entire national territory. Due to this high level of recognition, Law 9.279/1996 grants special protection to such trademarks across all branches of activity. This protection is an exception to the principle of specialty, […]

Beware of Fake Industrial Property Services!

The Brazilian Patent and Trademark Office (PTO) obtained an injunction that obliges the company Dona Registro (“Company”) to immediately cease the provision and dissemination of services related to industrial property. This measure was taken through a joint action by the PTO’s Special Federal Prosecutor’s Office and the Federal Attorney General’s Office, linked to the Attorney […]

Navigating Brazil’s Trademark Landscape in 2023

On July 1st, 2024, “INPI Data” published an update on its statistics related to industrial property services conducted by the PTO in Brazil. INPI Data is a platform that integrates data, time series, dashboards, infographics, periodic reports, and economic studies on industrial property in Brazil. The data is updated through the last month of 2023. […]