Simultaneous use and registration of trademarks and geographical indications

(in)conveniences?

Abstract

Although trademarks are traditionally more often used in Brazil, products with geographical indications are gradually becoming more important. This paper aims to present the main conveniences and inconveniences of registration and/or simultaneous use of trademarks and geographical indications in Brazil. With regard to registrability, the difference in treatment between the signs was highlighted, where the registered geographical indication prevents the registration of trademark for a product/service that has an affinity with it. Nevertheless there is no reciprocity for the previously registered trademark in the same situation. However, it is not the case to mention levels of importance as they are signs with different legal functions and definitions. Regarding the use of signs, Litoral Norte Gaúcho, Região de Salinas, Região do Cerrado Mineiro e Canastra had some of their particularities discussed. It is concluded that different types of simultaneous use of trademarks and geographical indications are already being put into practice. The dilution of the signal functions with the possible cause of consumer misleading can be pointed out as the main inconvenience encountered. However, the real consequences of the simultaneous use on producers/providers of services, consumers and local development, as well as the conveniences and inconveniences that may be associated with this registration and simultaneous use require a longer period of time for this practice to be properly analyzed.

Keywords: Trademarks. Geographical Indications. Simultaneous Use.