By Xisto & Santos in 04/07/2022
STJ defines that the registration in the PTO confers the holder of the name all the inherent rights, and can not be removed by the State Court

It takes care of a precedent of great importance in the event of intellectual property rights, in which the C. Superior Court of Justice, by its Fourth Class, recognized that the registration of the corporate name in the National Institute of Industrial Property (INPI) guarantees the holder all the rights inherent to it. It is also the judge's office that the competence to examine controversy involving registration with the PTO is the Federal Court.
Although there is no binding force, it is an important precedent emanating from the Superior Court that gives the last word in federal infraconstitutional legislation in Brazil. In this north, it is evident the importance of the administrative procedure for the registration of names and trademarks with the PTO, to ensure the holder all the inherent rights. It is worth mentioning, finally, that because it is taken care of the same legislation, the reasoning is exactly the same for the registration of the artistic name.

(REsp n. 1.393.123/SP, rapporteur Minister Maria Isabel Gallotti, Fourth Class, judged on 2/18/2020, DJe of 3/6/2020.)

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