On May 31, 2016, the Brazilian Patent and Trademark Office (BPTO) issued Resolution No. 166, which establishes the regulation of disclaimers on trademark registrations. In this resolution, the BPTO settled a standard disclaimer for all applications allowed after February 23, 2016, as follows:
“The protection given by this registration is limited as set forth in article 124, items II, VI, VIII, XVIII and XXI of the Law no. 9279 of May 14, 1996”.
Those disclaimers issued before Resolution No. 166 will remain valid and those registrations which have not received disclaimers will not receive the new standard disclaimer, even after the renewal or in the case of a second copy of the registration certificate being issued. This means that the legal certainty of those owners’ vested rights rests assured.
On the other hand, the administrative appeals against partial dismissal and administrative nullity requests due to a disclaimer, on which a decision is outstanding, will be decided with the regulation of the standard disclaimer established by this new Resolution.
The new Resolution revokes Resolution No. 161 of February 18, 2016, which established the regulation of a standard disclaimer in all trademark registrations, including those granted before the Resolution came into force.
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