Trademarks of viticulture products

The National Institute for Viticulture (INV) has considered that the circulation of viticulture products under trademarks which have not been registered at the INV may be considered as infringing the provisions of Law No 14,878 (Law of Wines) and its regulations. Thus, INV has issued Resolution No C 6/03, published in the Official Gazette on February 24, 2003, in order to exercise adequate control over such products.

Resolution No C 6/03 states that manufacturers on the whole country owning premises recorded with the INV must file a sworn declaration informing the trademarks they own to identify viticulture products in commercial circulation in the domestic market, whether in use or not and regardless of whether they are registered with the Trademark and Patent Office (INPI).

The term for filing the sworn declaration with the INV expired on March 17, 2003. If after such date INV should verify the existence of products identified with trademarks that have not been declared, the products will be seized until the situation is corrected and the legitimacy of the products is guaranteed.