TRADEMARKS

The use of a non-registered trademark by enterprise, even having its deed of partnership registration in the Trade Board, is an offense set by Clause 189, Act n° 9.279 from May 14th, 1.996.

Clause 189th – It is an offence against trademark registration:

I – Reproduction without authorization of its titled person, in all or partially, of a trademark or fake it in a way that could induce one to a mixing up; or

II – Alteration of a trademark owned by someone, already affixed in a product placed in the market.

Clause 190th – It is an offense against trademark registration the import, export, sale, offer or exhibition to sale, occultation or has stock:

I – Of a product signaled with an illegally reproduced mark or fake from other people, in all or partially; or

II – Product from his industry or store, settled on vessels, containers or packing which takes legitimate mark of someone else.

PUNISHMENT: In both cases, from 3(three) months to 1(one) year in custody, or fined.

THE TRADE BOARD doesn’t protect your trademark. The protection of your mark and the exclusive use in any kind of propaganda, printing, lettering, calling cards, telephone directory and packing is made by INPI – NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY.

THE TRADE BOARD (JUNTA COMERCIAL) gives only legal personality to  enterprise, and doesn’t protect the undue use of a REGISTERED trademark; the one who use a trademark with no registration is an offender.