1. ·mational Law Office - Legal Newsletter Page 1 of2
Eriea Aoki - Intelleetual Property - Brazil, Germany, Israel, Netherlands,Singapore, USA
From: <editoreurope@intemationallawoffice.com>
To: <eaoki@steelhector.com>
Date: 4/22/02 2:24 PM
Subjeet: Intellectual Property - Brazil, Germany, Israel, Netherlands,Singapore, USA
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Intelleetual Property - Brazil
Chanel Trademark Goes out of Fashion
Contributed by Moreira Lima, Royster & Ohno Advogados with Steel Hector & oavift:JP
FEED6AC~;
April 22 2002
Registration of the trademark 'Chanel' has been cancelled in Brazil.
The recent decision of the Superior Court of Justice confirms that of the lower court and denies the
appeal filed by Chanel.
In this case, Francotex Indústria e Comércio Têxtil filed a forfeiture request with the Brazilian
Patent and Trademark Office requesting cancellation of Chanel's 1982 trademark registration.
The office upheld registration but then cancelled it after Francotex filed against the decision. In
turn, Chanel filed a court action to nullífy the cancellation which, it argued, was based merely upon
íts failure to update its address ín the office's database.
The Superior Court of Justice held that registration was rightly cancelled because Chanel failed to
prove the use of its trademark in Brazil and that, under the so-called 'first sale' doctrine, imports
made by unrelated third parties could not be considered to constitute use of the trademark in
Brazilian law.
For further information on this topic p/ease contact Erica Aoki at Moreira Lima, Royster & Ohno
Advogados with Steel Hector & Davis LLP by telephone (+55 11 2832077) or by fax (+55 11 283
2078) or by email (eaoki@steelhector.com).
The materiais contained on this website are for general information purposes only and are subject
to the disclaimer
[Q] CommenUQuestion for the Author
@J Print Version
D Send to a colleague
se Subscribe
http://www.intemationallawoffice.com/Ld.cfm ?i=43l66&N ewsletters_Ref=490 1 4/22/02
![·mational Law Office - Legal Newsletter Page 1 of2
Eriea Aoki - Intelleetual Property - Brazil, Germany, Israel, Netherlands,Singapore, USA
From: <editoreurope@intemationallawoffice.com>
To: <eaoki@steelhector.com>
Date: 4/22/02 2:24 PM
Subjeet: Intellectual Property - Brazil, Germany, Israel, Netherlands,Singapore, USA
Newsletters I Law Oirectory IDeais I News I Subscribe I Home
Intelleetual Property - Brazil
Chanel Trademark Goes out of Fashion
Contributed by Moreira Lima, Royster & Ohno Advogados with Steel Hector & oavift:JP
FEED6AC~;
April 22 2002
Registration of the trademark 'Chanel' has been cancelled in Brazil.
The recent decision of the Superior Court of Justice confirms that of the lower court and denies the
appeal filed by Chanel.
In this case, Francotex Indústria e Comércio Têxtil filed a forfeiture request with the Brazilian
Patent and Trademark Office requesting cancellation of Chanel's 1982 trademark registration.
The office upheld registration but then cancelled it after Francotex filed against the decision. In
turn, Chanel filed a court action to nullífy the cancellation which, it argued, was based merely upon
íts failure to update its address ín the office's database.
The Superior Court of Justice held that registration was rightly cancelled because Chanel failed to
prove the use of its trademark in Brazil and that, under the so-called 'first sale' doctrine, imports
made by unrelated third parties could not be considered to constitute use of the trademark in
Brazilian law.
For further information on this topic p/ease contact Erica Aoki at Moreira Lima, Royster & Ohno
Advogados with Steel Hector & Davis LLP by telephone (+55 11 2832077) or by fax (+55 11 283
2078) or by email (eaoki@steelhector.com).
The materiais contained on this website are for general information purposes only and are subject
to the disclaimer
[Q] CommenUQuestion for the Author
@J Print Version
D Send to a colleague
se Subscribe
http://www.intemationallawoffice.com/Ld.cfm ?i=43l66&N ewsletters_Ref=490 1 4/22/02](https://image.slidesharecdn.com/chaneltrademark-111027155929-phpapp01/85/chanel-trademark-1-320.jpg)
