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Business name precedence is not enough to void trademark

The 3rd Panel of the Superior Court of Justice (STJ) rejected a special appeal filed by a company active in the chocolate manufacturing and marketing sector in Santa Catarina that was intended to prevent another São Paulo company from using the distinctive sign “FRANZ” as a trademark in the meat and dairy sector.

The company from Santa Catarina, constituted in 1995, sought the annulment of the trademark “FRANZ ALIMENTOS”, owned by the São Paulo company, established only in 1996, alleging the previous business name and the existence of the right of precedence of its exclusive use expression “FRANZ” in its segment.

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