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The Japanese multinational Yakult, famous for its fermented milk, was recognized by the Brazilian Patent Office (BPTO) as a highly renowned trademark. In a decision dated June 13, the agency granted an appeal and understood that the three-dimensional mark representing the bottle of the drink “has a sufficient degree of distinctiveness and exclusivity” to gain registration.

In practice, this means that the packaging symbolizing the trademark will be protected in all branches of activity for ten years. “Since protection is now applied to all classes of products and services, regardless of whether or not Yakult is registered in that specific class, no manufacturer can use it to identify any products or services without authorization”, explains lawyer Luiza Araripe, whose office, Araripe Advogados, represented the company in the case.

The company, which had filed the application in April 2020, needed to prove that Brazilians widely recognized the Yakult bottle; it had a reputation and prestige among consumers and a sufficient degree of distinctiveness and exclusivity in the market. In the decision, the INPI highlighted that, even without the label, the packaging was associated by consumers with the product.

For the Institute, trademarks that are widely known and prestigious in the market are considered highly renowned. Santander, Google, WhatsApp, Gillette, Yahoo, and Waze are trademarks registered in 2023.

Source: JOTA