Draft Bill on Collective and Certification Marks

The most relevant provisions of the bill are as follows:

The Collective Mark (COM) is defined as any sign that helps to distinguish any common feature of products or services owned or provided by a group of individuals or legal entities that use such sign under the control of the trademark owner.

The Certification Mark (CEM) is defined as any sign applied to a product or service whose features or qualities have been certified by the owner of the CEM. The owner of a CEM must be individuals or legal entities of public or private law authorized to certify the quality and/or the corresponding characteristics of certain products or services.

The application of the COM and/or CEM must be filed together with the Regulation governing its use . Any amendments must be submitted to the National Institute of Industrial Property (INPI).

According to the bill , the registered trademarks in force may be transformed into COM or CEM provided that the corresponding requirements are met.

The owners of the COM or CEM must provide to the consumer the necessary information on the characteristics of the products and will be liable for any damages caused to consumers only as regards the characteristics that were guaranteed.

The bill will fill a vacuum which became more evident since the passing of law 26355 of 2006 that regulated the collective mark limited to "effectors" (organizations formed by socially vulnerable or unemployed citizens) and consequently, not available for general legal entities and/or associations , whether local or foreign. Thus, an adequate legal frame will facilitate the protection and promotion of the COM and CEM in favour of manufacturers and will eventually result in a better protection of the consumer.

For more information, please contact:

		Sergio M. Ellmann
		Carol A. O'Donnell