Imagine that a company in the pharmaceutical sector has its application refused because there are already trademarks with the same main element.
The Brazilian PTO understands that there would be a risk of confusion. However, when analyzing the market, it appears that:
- the common element has an evocative or descriptive character;
- there are several coexisting registrations with the same nominative basis;
- the distinctive set of the trademark presents sufficient differentiation.
In such cases, the appeal may demonstrate that the term alone cannot generate absolute monopoly, especially when widely used in the industry.