Trademark disclaimers: why the INPI’s new rules are worrying
In February, the Brazilian Patent and Trademark Office (INPI) enacted Resolution 161/16, which establishes new guidelines for the issuance of disclaimers. These guidelines briefly state that instead of continuing to provide individual disclaimers tailored to each specific case, all certificates of registration will simply bear a general remark, stating that portions of a trademark that cannot achieve exclusivity are, for a number of reasons, to be considered disclaimed and not subject to exclusivity. The text for the “standard disclaimer” contained in the resolution can be translated as follows:
