Davi, from BBB24, and his ex-wife, Mani, in a post on social media.
Photo: RD1
Before the controversial end of their relationship, Mani Reggo with David Britowinner of BBB24, the cook requested the registration of the name “Calabreso” — a term that went viral after a fight between the Bahian and MC Binn on the TV Globo reality show — at the National Institute of Industrial Property (INPI). The request was made by the Maria Preta Institute, supported by Mani, in February this year.
Although Mani has already submitted his waiver of trademark registration, the first application has made many wonder how trademark patenting works? O Earth consulted lawyers specializing in Intellectual and Industrial Civil Corporate Property to understand the rules that govern patent registration.
Leandro Joves Leal Silva, from the Benício Advogados Associados office, explains that the application for registration of a certain brand before the INPI serves to ensure that its owner has protection for that brand in accordance with the rules of the Industrial Property Law, which makes that it is protected from misuse by third parties.
“What the legal system foresees is the registration of a trademark as the burden of the interested party to obtain the protection offered by law and the prohibition of the use of a registered trademark by those who are not the holder. Therefore, the creator and owner of an expression or logo needs to file an application for registration of the trademark with the INPI, as long as such trademark is not already being used by third parties.”
The lack of registration of the brand does not prevent its use by the real creator of said brand. Specialists from the Galvão & Silva office published a recent article in which they state that “one of the greatest advantages of patent registration is the full recognition of authorship and the exclusive right to use the invention”.
‘Calabreso’ has an owner, and it’s not Davi
As many people know, not even Davi, who used the expression “Calabreso”, much less Mani Reggo could request the registration of such a word mark, as the aforementioned expression became publicly known through the comedian Toinho Tornado.
According to Leandro Joves Leal Silva, only he has the exclusive right to request registration of the brand before the INPI. “Although Mani Rego has filed the application for registration of the brand with the INPI, only Toninho Tornado could, as it has already done, file the application for registration of the brand ‘Calabreso’ with the INPI”.
The fact that the brand ‘Calabreso’ is not yet officially registered with INPI, does not prevent, according to the specialist, the use and exclusivity of the creator of the catchphrase, since the judiciary understands that there is no prohibition of use unregistered trademark. (See below a step-by-step guide on how to register a patent)
How to register a patent?
- 1st step: research whether your invention no longer exists
- 2nd step: register with INPI and pay the application fee
- 3rd step: fill out the patent registration application form
- 4th step: follow the process
Once the request is granted, the author of the request will have a period of 60 days to pay the registration fee and request the issuance of the letter patent. The applicant will also need to pay an annual fee from the third year after the application to keep the patent registration up to date.
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Source: Redação Terra
