Abstract

VIANNA, Elaine  and  RUAO, Teresa. Where´s the strength of the trademark? An analysis of distinctiveness as a requirement. Revista Convergências [online]. 2021, vol.14, n.28, pp.121-132.  Epub Nov 30, 2021. ISSN 2184-0180.  https://doi.org/10.53681/c1514225187514391s.28.86.

Trademark is a distinctive sign that identifies products and services on the market and its registration guarantees the exclusive use of that sign by the right holder in the territory or country where the registration is granted. It is a type of industrial property, as are patents, geographical indications and industrial designs. According to the Brazilian Industrial Property Law, 9279/1996 (LPI), by means of the provisions of its article 122, "the visually perceptible distinctive signs are not subject to registration as a mark, not included in the legal prohibitions" (BRASIL, 1996).

For the registration of the trademark to be granted and the exclusivity of use to be guaranteed to its applicant, it is necessary to pass the examination carried out at the National Institute of Industrial Property - INPI/Brazil.

The objective of this work is to present a typification of the trademarks deposited at INPI/Brazil, according to their degrees of distinctiveness and the characteristics of the market where they operate. The premise was that the communicative strength of the trademarks lies in their distinctiveness, especially with regard to what is established by item VI of article 124 of Brazilian Industrial Property Law.

The methodology adopted for this paper was the triangulation proposed by Minayo and Minayo-Gomez (2003) with an interdisciplinary approach. The first stage consists of a review of the literature on the economic and distinctive functions of the brand in dialogue with Strategic Communication, with the brand as an element of the communicative component of organizations. In the second dimension, there is the collection of data from the INPI bank. Registered trademark cases will be raised, with qualitative analysis of the collected data and its connection with the chosen theoretical support.

Keywords : trademarks; strong brands; legal protection; distinctiviness.

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