| As previously informed by the Brazilian Trademark Office’s (BPTO) examiner, in XVI Regional Meeting of ABAPISUL, that Office started, on April 13, 2021, a public consultation about the examination of applications known as POSITIONAL TRADEMARK.Through such consultation, the BPTO intends to listen the civil society to approve the draft of the Normative Act regarding the registrability of “positional trademark”. The respective Examination Guidelines, which establishes the registrability exam rules for this kind of trademark, are also submitted to the public consultation.According to the BPTO’s proposal, there will be registrable as a positional trademark “the inherently distinctive whole formed by the appliance of a sign in a singular, specific and invariable position of a particular stand object, able to identify the business origin and to distinguish products or services from identical, similar or associated ones.The Institute’s initiative meets the old and constant demands of those who already use positional trademark as one more way to identify the origin of their products, but it did not have a specific way of protection. By regulating the protection of the “positional trademark”, the BPTO will offer more legal certainty to the respective owners, who will have one more instrument to defend their rights against possible counterfeiters.Considering this scenario, the participation of the whole society is extremely important, and anyone can send comments and suggestions to the BPTO through the e-mail, consultapublicamarcas@inpi.gov.br, by May 12, 2021. |
| For this purpose, it will be necessary to fill in the template available on BPTO’s web page, wherein is also available the draft of the Examination Guidelines and the Normative Act submitted for consultation (https://www.gov.br/inpi/pt-br/servicos/marcas/consulta-publica/consulta-publica). |
