________________________________
De: Mike Godwin <mgodwin(a)wikimedia.org>
Para: Joaquim Mariano da Costa Neto <joaquimmariano(a)yahoo.com.br>
Cc: Wikimedia Brasil <wikimediabr-l(a)lists.wikimedia.org>rg>; Alisa C. Key
<AKey(a)ssd.com>
Enviadas: Quinta-feira, 18 de Dezembro de 2008 0:44:49
Assunto: Re: WF Trademarks - Unauthorized registration attempt in Brazil
Dear Joaquim,
I'm referring your query to the person in charge of our trademark portfolio,
Alisa Key, who is cc'd on this message. Alisa, can you advise Joaquim and
Wikimedia Brasil as to how you would want to go forward from here?
--Mike
On Dec 17, 2008, at 6:40 PM, Joaquim Mariano da Costa Neto wrote:
Dear Michael Godwin,
I am a Brazilian wikipedian and I am beginning to work with our team
of local volunteers. I am writing to inform you some issues related to
trademarks that may belong to the Wikimedia Foundation.
In Brazil, the Industrial Property National Institute (INPI -
Instituto Nacional da Propriedade Industrial) is the federal department in
charge of registering and controlling the intellectual property (which
includes trademarks).
Yesterday, after a brief research at the INPI website, I found that
two Brazilian companies are trying to register at INPI some trademarks
that may belong to the Wikimedia Foundation. In 2006 and 2007, these two
companies filed at the INPI the requests for registering the following
trademarks:
www.wikipedia.com.br and wikipédia. It is important to notice
that one of the companies is not trying to register the domain
wikipedia.com.br: the company is just trying to register a trademark that
uses the expressionwww.wikipedia.com.br (with a specific logotype). I list
below the trademarks that may belong to the Wikimedia Foundation and the
names of the respective companies that filed the related requests for
registering (with the INPI file numbers and the dates of request in round
brackets):
-
www.wikipedia.com.br - Web Use Serviços Ltda. ME (900080442)
(10.nov.2006)
- wikipédia - Wikipédia Distribuição de Conteúdo Eletrônico Ltda.
(900632860) (29.nov.2007)
The Brazilian Internet Steering Committee (CGI.br - Comitê Gestor da
Internet no Brasil) is the Brazilian federal department in charge of
registering and controlling the Brazilian Internet domains, with
jurisdiction over the country code top-level domain designated for Brazil
(.br). The CGI.br (which is not related to the INPI) made the domain
wikipedia.com.br unavailable for any entity other than Wikipedia.
Therefore, the current problem is not related to the registration of the
domain, but to the registration of the trademark that uses the expression
www.wikipedia.com.br.
The requests in question are still in analysis and the INPI did not
decided to concede or refuse the registrations.
The Brazilian law states that the request for registering a trademark
may be opposed by proving that similar or identical trademark already
exists and is legally registered. In other words, the Wikimedia Foundation
may oppose the requests filed by the above-mentioned companies at INPI.
After the concession, the registration may also be made null and void
by proving that similar or identical trademark exists and had been legally
registered before the request was filed.
If you need any further clarification, feel free to contact us. We are
at your disposal to help.
Kind regards,
Joaquim Mariano da Costa Neto
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