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The trademark and patent protection system aims to guarantee exclusive use and the appreciation of intangible assets in the market. However, registrations made with the National Institute of Industrial Property (INPI) are not always legitimate or valid. When a trademark or patent is registered irregularly or in non-compliance with the legislation, an action for nullity is the appropriate legal instrument to correct this situation.
These measures are recommended when:
• Misuse of trademark or trade dress:
Companies or individuals use registered trademarks or trade dress without authorization, causing confusion among consumers or harming the owner’s reputation.
• Infringement of industrial design or patent
Third parties commercially exploit inventions protected by industrial design or patent without due licensing.
• Imitation or unfair competition:
Products or services are launched in a way that copies characteristics protected by trademarks or patents, harming the original owner.
These actions aim to obtain a court order for the infringer to immediately cease improper use of the trademark, patent or other protected asset. In addition, they may include:
• Request for compensation for material and moral damages caused by the violation.
• Request for urgent measures (preliminary injunction) to suspend the use of the protected asset while the process is analyzed.
• Provision of daily fine in case of non-compliance with the court order.
Conducting actions of this nature requires in-depth knowledge of intellectual property laws and specific legal procedures. Our firm is prepared to:
• Analyze the specific case and check the possibilities of success.
• Develop personalized legal strategies to protect your rights.
Don’t let the violation of your rights go unpunished. Contact our specialized team and ensure that your intellectual assets are respected and valued.
