Tuesday, 12 March 2013

Aurelia J. Schultz

Improving Trademark Registration in Portuguese-speaking Countries

This post comes from Dr. Patricia Covarrubia of IP-Tango and was originally published there on 7 March 2013 under the title “Brazil: Marca Lusófona.”  As it deals with several countries in Africa, Afro Leo thought it would be useful to Afro-IP readers as well.  Patricia has graciously allowed us to cross-post it here for you.

Last week the Representatives of the Community of Portuguese Language Countries (CPLP) met to discuss the creation of the mark ‘Lusófona’. This is a proposed system that aims to simplify and modernize the registration of trade marks in Portuguese speaking countries.

In attendance were all 8 representatives of national institutions in charge of the trade mark registrations i.e. Angola, Brazil, Cape Verde, Guinea-Bissau, Mozambique, Portugal, Sao Tome and Principe ,and East Timor. The plan is to “intensify trade relations, promote modernization and strengthen the exchange of experiences and information between citizens, institutions and companies operating in the Portuguese-speaking countries.” The representatives signed a declaration reaffirming their commitment to the implementation of Lusófona.

I wonder whether the mark ‘Lusófona’ is to be registered, and if so, will it have opposition from the group Lusófona? This international group administers universities and colleges in some of the Portuguese speaking areas. Moreover, looking at the dictionary we understand that the word means "of the Portuguese language" or "Portuguese-speaking”; thus, it will lack of distinctiveness. But I guess I am outside the box and we should concentrate on the system as such and the aim of it – for now.

Source INPI.

Aurelia J. Schultz

Aurelia J. Schultz

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