The Geographical Names and Distinctive Signs
ISBN 978-85-88783-11-9
Authors
2Moreira, G.R.; 3Morgado, M.C.R.; 4Peralta, P.P.; 4Chimento, M.R.
2ACADEMIA INPI Email: graciosa_rainha@uol.com.br
3ACADEMIA INPI Email: monimorg@gmail.com
4ACADEMIA INPI Email: ppereira@inpi.gov.br
4ACADEMIA INPI Email: marcelo.chimento@gmail.com
Abstract
Currently there is a growing demand for quality products. The consumer searches for greater food safety emphasizing the producer/origin of products. The distinctive signs of commerce are great allies in this process, because they facilitate the identification of products associated with the image of quality, prestige or tradition. This new reality has intensified both the competition among products and the need to protect genuine products from counterfeit ones or unfair competition. The trademark and geographical indication, in this competitive environment, have an important role and constitute intangible goods whose economic value is recognized by companies and producers. With the increasing number of new registrations of trademarks and geographical indications, cases of conflicts in the use of geographical names have occurred more frequently in these two significant distinctive signs of trade. Considering the economic importance of the theme and based on the national and international literature, this paper presents the points of confluence between geographical names and the distinctive signs of the trade: trademark and geographical indication. The rationale for the preparation of this study lies in the importance acquired by the assets protected by industrial property rights as strategic factor trademarket and the added value of products with geographical indications. The objectives were addressed through the use of a methodology based on description and explanation, with the theoretical support of some Brazilian and Portuguese scholars. After the presentation of some cases of use of geographical names as intellectual property, it was observed that they have an important role as a distinctive element and that there are many attempts to use geographical names improperly.