The INPI opened public consultation on position mark , as published in RPI 2623, from 04/23/2021, granting a period of up to 30 days to send suggestions to the draft of the normative act that will The brand guidelines in the form of "position mark" presentation, through e-mail consulapublicamarcas@inpi.gov.br . < / p>
The normative act and the examination draft can be accessed in the https: // www.gov.br/inpi/en-br/servicos/marcas/consulta-publica .
This novelty comes from the interpretation of Article 122 of Law 9.279 / 96, which refutes the protection of olfactory, sound and taste buds, but asserves that "are susceptible to registration as the distinctive signs visually noticeable, not understood in legal prohibitions ".
The position mark can be understood as "inherently distinctive set formed by the application of a signal in a singular, specific and invariable position of a given support object, capable of identifying business origin and distinguishing products or services from other identical, Similar or related ".
It is thus intended to protect the signal that brings distinctivity and allow the consumer to elect the product or service identified by a symbol present on an object, for example, but not the object itself. This can be protected by other industrial property institutes.
CARPENA Lawyers is available to remedy any questions about it.
