Teoria da diluição como instrumento de proteção da unicidade de marcas notoriamente conhecidas e de alto renome

Abstract

The research in question breaks down the trademark registration process in Brazil, which is notable for its structuring in phases, guaranteeing a solid basis for the protection of the rights associated with trademarks. This system, although effective in preserving the distinctiveness of trademarks, shows gaps in the recognition of notorious trademarks, especially those of high renown. The study also highlights that highly renowned and notorious trademarks enjoy an exceptional status in the legal scenario, escaping the limitations of principles such as specialty and territoriality. The main output of the research is the importance of the theory of dilution, in an approach distinct from the theory of distance, in emerging as a powerful tool for the defense of these brands. This theory, which is central to this work, represents an essential legal concept in the context of protecting well-known and highly renowned trademarks. This theory, which transcends the mere prevention of confusion or direct competition, recognizes that such marks enjoy a notoriety and distinctiveness that deserve special safeguarding. It can therefore be concluded that by adopting the dilution theory, the legislation grants these trademarks broader protection, covering scenarios in which there is no imminent threat of confusion in the market. The core of this approach is to preserve not only the integrity of the identity of these trademarks, but also to safeguard their reputation and commercial value against any form of misuse that could diminish their distinctive force. The work explores in detail the legal foundations that support the theory of dilution, highlighting the nuances that differentiate it from traditional approaches to trademark protection. It also analyzes relevant cases and case law, offering a practical view of the developments of this theory on the legal scene. From all the analysis carried out, it is possible to understand the importance of protecting globally renowned brands, and the need to extend protection to notorious brands in territorial terms and product categories is evident, with the theory of dilution serving as a strong instrument to guarantee the uniqueness of these brands.