“Salinas v. Saliníssima”
摘要
The court of appeal decided the case in its entirety, indicating, clearly and coherently, the grounds used, so that there is no evidence of omission, contradiction, obscurity or error of fact, nor any absence of reasoning. Thus, there is no violation of Arts. 489 and 1.022 of the CPC/2015. It is the understanding of this Superior Court that marks considered to be weak or evocative constitute an expression of common use, of little originality and without sufficient distinctive force, attracting mitigation of the rule of exclusivity of registration, and may coexist with other similar marks. In this case, the term indicated as similar is evocative of the region of origin of the products in question (sugar cane spirits from Salinas-MG [Minas Gerais]), which weakens the right of exclusivity of the holders of the possibility of confusion in the specific case. Changing the conclusion of the judgment under appeal, regarding the absence of confusion between the marks would require a re-examination of facts and evidence, a practice prohibited by Precedent 7/STJ. Internal appeal dismissed.