New Rules on Trademark Coexistence Agreements in Brazil


The Brazilian Patent and Trademark Office (BPTO) issued a Normative Legal Opinion (INPI/CPAPD 001/2012) on August 21, 2012 centralizing the view that coexistence agreements are to be taken into consideration as a part for the examination of applications. “While the examiners will not be bound by the consent of the owners of the blocking marks and may therefore reject or confirm the rejection of applications if they consider the marks involved as conflicting, the evidence of a consent will constitute a valuable argument to avoid or challenge a rejection.”

Since its publication the Normative Legal Opinion has become effective. 
The Normative Legal Opinion also considers the likelihood for the examiners of the applications to raise office actions engaging the applicants to alter the list of products or services envisioned or even introduce adjustments in the marks themselves so as to allow their coexistence with the earlier marks cited as hindrances. 

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