A decision rendered by the Brazilian Superior Court of Justice - STJ has upheld the reversal of a federal court’s ruling that had declared the ABSOLUT vodka as a highly reputed brand.
Considering this decision, the company VIN & SPRIT AKTIEBOLAG must now try again and perform a different legal strategy in order to reach the Brazilian acknowledgment on the ABSOLUT’s repute.
The Brazilian Superior Court of Justice ruled that it is beyond the Judiciary’s reach to decide on the high repute of trademarks when the Brazilian Patent and Trademark Office (BPTO) has not yet decided on the subject matter in the administrative sphere.
On the other hand, it is difficult to obtain a BPTO’s decision on the subject matter since there is still no autonomous administrative procedure for the recognition of the status of high renown of a mark.
Such recognition represents an important asset to companies since, in addition to adding value to their trademarks, it ensures special protection in all market fields and segments.
Bearing in mind the above, the companies interested in the recognition of the high renown of their marks must perform the difficult task of monitoring and awaiting the application for a third-party trademark registration that violates the supposedly high reputed trademark in order to request the recognition of fame in the administrative sphere.
It has therefore become necessary to change the procedure currently in force so that an autonomous procedure for the recognition of the high renown might be provided for the interested companies, which is already the object of a study by the BPTO.