Os limites do direito de uso exclusivo da marca previsto no art. 129 da Lei 9279.1996: análise do caso Apple x Gradiente

Abstract

This work aims to analyze the limits imposed on the right to use a trademark exclusively provided for in art. 129 of Law 9,279 from 1996 (Industrial Property Law) through the analysis of the specific case involving the dispute between Apple and Gradiente for the exclusive use or not of the term “iphone”. To this end, this work will highlight the history of agreements and legislation involving industrial property. Further on, the work aims to demonstrate important aspects involving trademarks, such as concept, requirements, and registration process. Finally, the decision issued by the Superior Court of Justice on the case involving the companies Apple and Gradiente will be analyzed in detail to demonstrate the existing limits regarding the exclusive use of a trademark. The research was made exploratory, of qualitative nature and with the case study to elucidate the concepts.