Banca de QUALIFICAÇÃO: LUIZA ETZBERGER TUBINO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : LUIZA ETZBERGER TUBINO
DATE: 24/04/2026
TIME: 09:00
LOCAL: https://meet.google.com/ewj-dyja-xjh
TITLE:

DISTANCE THEORY AND TRADEMARK COLLISION: A STUDY OF CASE LAW ON REFUSES UNDER ARTICLE 124, XIX OF THE INDUSTRIAL PROPERTY LAW AND A PROPOSAL FOR REGULATION

KEY WORDS:

Intellectual Property; Trademarks; Collision; Distance Theory

PAGES: 50
BIG AREA: Ciências Sociais Aplicadas
AREA: Administração
SUMMARY:

The present study analysed case law considering decisions to reject trademarks in Brazil based on Article 124, item XIX, of the Industrial Property Law (LPI). The methodology adopted was exploratory in nature, based on bibliographic research, document analysis and, above all, qualitative and quantitative analysis of case law related to rejections of trademark registration applications based on item XIX of art. 124 of the Industrial Property Law. A study was conducted to examine judgments involving two or more trademarks indicated as allegedly conflicting, belonging to different owners. The objective of the study was to identify decision-making patterns, contradictions, and gaps in the application of the legal provision. The research encompassed rulings issued by the Federal Courts of Justice of Rio Grande do Sul and Rio de Janeiro, as well as by the Superior Court of Justice (STJ), within the timeframe of the past five years. The study's objective was to propose a regulation for the INPI, with the intention of introducing greater uniformity and predictability to the trademark examination process in Brazil. This study has identified a substantial corpus of case law pertaining to rejections in accordance with art. 124, item XIX, of the Industrial Property Law. It is evident that, in numerous instances, such rejections could have been circumvented if there had been regulations that established more objective and specific parameters. This study has identified a substantial corpus of case law pertaining to rejections in accordance with art. 124, item XIX, of the Industrial Property Law. It is posited that, in a considerable proportion of cases, such rejections may have been avoidable if there were regulations establishing more objective and specific parameters for analysing trademark conflicts. At present, such conflicts are characterised by a high degree of subjectivity.

COMMITTEE MEMBERS:
Presidente - GENIZIA ISLABÃO DE ISLABÃO - IME
Externa à Instituição - LUCIANA PORTAL DA SILVA - INPI
Externa à Instituição - PATRICIA DE OLIVEIRA AREAS - UNIVILLE