Federal Regional Court will judge whether trademark is an attack on morals

Federal Regional Court will judge whether trademark is an attack on morals

In an article published on the 28th by the Valor Econômico newspaper, our executive director Gustavo Piva de Andrade comments on the judgment in the Regional Federal Court (TRF) of the 1st Region, which will define whether the Brazilian Patent and Trademark Office (BPTO) can deny registration request for marks for “attack on morals”.

The publication points out that “there are few judgments on the matter, none yet from the higher courts, according to lawyers.” The attack on morals is foreseen in the Intellectual Property Law (nº 9.279, of 1996). Article 124, in paragraph III, prevents the registration of expression, figure, drawing or any other sign contrary to morals and good customs or that offends honor or idea.

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