On November 5th, the 3rd Panel of the Superior Court of Justice ruled, through the judgment of REsp 1841466[1], under the rapporteurship of Minister Ricardo Villas Bôas Cueva, on the impossibility of seizing stock options. The case focused on the possibility of a third party exercising the right to purchase shares in […]
CPDMA BLOG
Category: Articles
Date: 1 de April de 2024
Posted by: CPDMA Team
The risk of not being aware of a brand's changes
Portuguese olive oil brand GALLO has taken advantage of the proximity of Easter and announced a change in the way the brand and label of its products are presented.
According to the company's marketing director, Pedro Gonçalves, the new visual identity was inspired by a legend about the origin of the brand. He says that in 1919, company founder Victor Guedes woke up and when he opened the window he heard a rooster crowing with a view of the olive groves and the dawn sun. Thus, the rooster and the sun are part of the brand's history, and over time the sun has lost its prominence in the logo. So, with the new redesign, the company sought to bring it back in a contemporary way.
The brand has been registered in Brazil since at least 1971, with its mixed presentation at the time being a rooster surrounded by a circle:
Over the years, the brand has undergone several modifications until it reached its current presentation and the company has always taken care to protect the updated logo - mixed presentation (logo + image) through new applications for registration with the INPI:
| 1961 | 2001 | 2017 | 2022 | 2024 |
|  |  |  |  |
But... What if the company hadn't done this? If it had just kept the original 1961 brand and updated its logo, without applying to register its new identities, what might have happened?
The answer is simple: the company could have lost its right to the trademark through a forfeiture application requested by a third party, i.e. it would have lost the registration for not using the trademark as it was granted.
Desta forma, se verifica, no caso concreto, a importância da proteção da marca e mais que isso, de manter o registro sempre atualizado de acordo com a forma que venha sendo utilizada.
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