Banca de QUALIFICAÇÃO: PRISCILA DOS SANTOS CAPPELETTI

PROOF FOR THE SPECIAL CONDITION OF PROTECTION OF HIGH RENOWN: AN ANALYSIS AS TO THE SUBJECTIVITY OF THE REQUIREMENTS IN ORDINANCE INPI/PR No. 08/2022

Trademark registration; Highly renowned brands; Industrial property.

There are brands that exceed their notability in the marketing field and, for these brands, the legislation created a special protection mechanism. A unique protection, which encompasses all branches of activity, called highly renowned brands. Resolution 107/2013 established the form of application of article 125 of the Industrial Property Law, as well as the analysis guideline, however, it did not establish specific probative specifications for obtaining special protection. There is only one market research “recommendation”, to collaborate with brand recognition, and brand image research, to analyze the prestige of the brand in relation to the products and services offered. The gap left by Resolution 107/2013, which remains in Ordinance INPI/PR No. 08/2022, on the legal criteria of proof demonstrates the fragile scenario for obtaining the condition of high renown. Thus, this research will seek to provide a series of relevant indicators for the signing of legal certainty and the promotion of highly renowned brands in Brazil, aiming at a facilitating and assertive process for proving the brand within the national territory. The research analyzes this scenario of supporting evidence that elects the protection of highly renowned brands, using a qualitative-quantitative approach as a methodology, which will be developed in 03 (three) stages: bibliographical research, survey and exploratory research. Thus, in order to offer specific parameters for the promotion of this special protection, the study intends to contribute to the creation of a Conclusive Technical Report describing evidence for highly renowned protection marks.