If, at first glance, Bombril and China in Box have nothing in common, a brief analysis of their brands and their judicial clashes will show us that the two names point to a common denominator.

It occurs that both Bombril and China in Box obtained favorable judicial decisions that recognized the protection and exclusivity of the use of radicals of their brands.

In the case of Bombril, companies that sought to market products with the brands "BRIO", "Bryo", "Super Brio" and "Sany Brightness" were judicially prevented from using such names. In 2014, Hybril company was forced to change his business name and his web address, although he did not own for sale products with labels and packaging that refer to Bombril.

Already China in box had recognized the protection and exclusivity of use of "in box", pioneering use by the company. Recognition came after judicial victories that determined that companies "Asia in Box", "Chinese in Box" and "Uai in Box" abstained from marketing their products using such marks. Interesting to note that the brand has transcended the mere meaning of representing Chinese food in a box to spend a Secondary Meaning , representing the tele-delivery system of food in the box.

As a counterpoint, the brand Sorine, referring to the famous nasal decongestant medicine, had denied his request for the Pharmasmarcence manufacturer to abstain from marketing the Sorinan medicine, of the same active principle of his competitor. In this case, the understanding of the 3rd Turma of the STJ was for the coexistence of the two marks on the market, since the radical "Ser" is derived from the word "serum", the popular name of the solution of sodium chloride, not carrying any trace of Originality capable of evidencing the right to its exclusive use by the Pharmaceutical Laboratory Aché.

That is, the Brazilian judiciary adopts cautious understanding, making it transparent that it is possible to provide protection to the radicals or expressions of certain marks as long as the originality of that own expression is evidenced, not just the brand as a whole. Such an understanding is justified in the great economic repercussion generated by the exclusive use of a radical or expression contained in a mark: the bombry line itself is composed of a series of products that end with the "Bril" word, while China in box legitimize as the only company allowed to market any "in box" culinary delicacy.