The protection afforded to trademark owners extends beyond the issuance of a registration certificate by the Brazilian Patent and Trademark Office (INPI). The effectiveness of trademark rights ultimately depends on the existence of legal mechanisms capable of preventing and remedying unauthorized use by third parties.
In this regard, predictability concerning the time limits for enforcing trademark rights plays an important role in promoting legal certainty and stability in commercial relations. Clear rules regarding the timeframe for bringing legal actions help reduce interpretative disputes and foster greater consistency in the application of trademark law.
With this objective in mind, the Industry, Trade and Services Committee of the Brazilian House of Representatives recently approved a favorable opinion regarding Bill No. 4,380/2025, introduced by Congressman Jonas Donizette, which seeks to expressly regulate the statute of limitations applicable to claims seeking the cessation of unauthorized trademark use.
According to the bill's author, the absence of a specific statutory provision governing this issue has generated legal uncertainty and divergent interpretations, particularly regarding the starting point for calculating the applicable limitation period.
The proposal establishes that the limitation period for filing a trademark infringement compensation claim will begin upon the trademark owner becoming aware of the infringement. The measure aims to provide greater predictability to the system and reduce inconsistencies currently observed in judicial practice.
In his favorable opinion, the bill's rapporteur, Congressman Daniel Agrobom, noted that the proposal introduces a mechanism similar to an acquisitive prescription against trademark owners who, despite having knowledge of the infringement, remain inactive beyond the legally established period.
According to this reasoning, the trademark owner's failure to act could indicate a lack of relevant economic interest in protecting the intangible asset, thereby justifying a temporal limitation on the exercise of the exclusive rights arising from trademark registration.
Although the proposal must still complete the remaining stages of the legislative process, its approval by the Committee highlights an ongoing effort to provide greater legal clarity in trademark matters, particularly regarding the enforcement of rights granted by trademark registrations.
Should the proposal ultimately be enacted, it may contribute to greater predictability in trademark-related disputes, a topic of increasing importance given the growing economic relevance of intellectual property assets in today's business environment.
