Bill No. 512/25, currently under review by the Brazilian Chamber of Deputies, proposes amendments to the Brazilian Industrial Property Law to protect the use of trademarks that have been used continuously and in good faith over time, even without formal registration.
Under the proposal, trademark coexistence may be allowed when:
- the mark has been used for a prolonged period without opposition;
- there is a significant geographic distance between the businesses;
- the registered trademark owner failed to act promptly;
- no financial harm or likelihood of consumer confusion is demonstrated.
according to the author of the text, Congressman Jonas Donizette, the measure aims to enhance legal certainty for micro and small businesses, which often develop well-established local brands but later face claims from trademark owners who do not operate in the same region.
The bill also references recent case law from the São Paulo Court of Appeals (TJSP), which allowed the coexistence of identical trademarks used by pizzerias in different cities, based on over 30 years of good-faith use and the trademark owner’s delay in enforcing its rights.
If enacted, the proposal may significantly influence trademark enforcement strategies in Brazil, particularly in disputes involving prior use, good faith, and the territorial scope of trademark rights.
The bill is subject to conclusive review by the Industry, Commerce and Services Committee and the Constitution and Justice Committee.
