Novo Nordisk has been denied an injunction request seeking to prevent Brazilian pharmaceutical company EMS from using the trademark Ozivy for a semaglutide-based drug. The decision was issued by Brazil’s Federal Regional Court of the 2nd Region (TRF-2) on July 31, 2026.

The ruling upholds the first-instance decision and maintains the validity of the trademark registration granted by the Brazilian Patent and Trademark Office (BPTO). At the same time, the case proceeds on the merits.

Trademark similarity dispute

Novo Nordisk argued that Ozivy partially reproduces elements of its registered trademarks Ozempic and Wegovy, both associated with semaglutide-based medications.

According to the company:

  • The prefix “Oz” derives from Ozempic
  • The suffix “vy” refers to Wegovy
  • The combination could create undue association between products

The company also claimed:

  • Alternative names were available
  • The trademark was chosen in bad faith
  • Market association had already occurred

As supporting evidence, Novo Nordisk cited media coverage and social media posts referring to the EMS product as:

  • “Brazilian Ozempic”
  • “Local Ozempic”
  • “EMS Ozempic”

Court’s reasoning

Reporting judge José Eduardo Nobre Matta emphasized that suspending a trademark registration requires a thorough evidentiary review and is not appropriate for preliminary relief.

Key points of the decision include:

  • Revocation requires full judicial examination
  • No exclusivity exists over prefixes or suffixes in isolation

The court highlighted that trademark protection must consider the overall impression of the sign rather than isolated components.

Evidence assessment and bad faith claims

Regarding the evidence presented, the court found that the references allow for multiple interpretations.

The association between the EMS product and Ozempic may stem from:

  • Its launch as the first competitor after patent protection expired
  • The shared active ingredient (semaglutide)

On bad faith allegations, the judge stated that:

  • It is a serious claim
  • It cannot be presumed
  • It must be examined during the full proceedings

Impact and next steps

The court also considered the potential impact of granting the injunction.

It concluded that suspending the trademark and preventing its use shortly after market entry could lead to irreversible consequences.

As a result, the TRF-2:

  • Maintained the Ozivy trademark registration
  • Allowed EMS to continue using the brand
  • Denied Novo Nordisk’s injunction request
The case will continue to be analyzed on the merits.