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In recent days, we’ve been immersed in a more vibrant and pink world, all thanks to the dazzling debut of the Barbie live-action film. It’s not just a box office triumph; it’s a masterstroke of marketing that beautifully blends nostalgia with a contemporary touch.

The film’s campaign has orchestrated a symphony of collaborations with diverse companies spanning fashion, gastronomy, footwear, and more. Yet, the licensing of the “Barbie” trademark is not a novel endeavor for Mattel. For ages, a delightful array of Barbie products has graced stationery stores, departmental boutiques, candies, and other. In the cinematic realm, Mattel has inked licensing contracts with over 100 companies hailing from various corners of the world.

Licensing a trademark entail granting permission to wield its prowess, enabling another enterprise to craftily curate and offer products or services that proudly bear the trademark’s emblem. This permission is formalized through a contract that sets the stage for terms and deadlines, duly recognized, and recorded by the BPTO.

These licenses, however, are the bedrock upon which dynamic marketing and collabs. They not only fortify the trademark owner’s rights of exclusivity vis-à-vis third parties but also allow the trademark to expand into different markets and niches.

Despite the present-day triumphs, Ruth Handler, the visionary behind the world’s most iconic doll, has obtained her first patent in 1961 in the United States. Over the years, however, MATTEL has obtained other patents and industrial designs in several countries.

Furthermore, the Barbie trademark was first registered in 1959, before United States Patent and Trademark Office, meaning that for 64 years the trademark has been present in the childhoods of many generations. Initially, Mattel’s trademark protected only “dolls”, but over time the scope of protection was extended to other products.

See below the evolution of Barbie’s logos over the years:

In Brazil, the doll only arrived in 1982 and the trademark “BARBIE” (word) obtained the High Renown by the BPTO on March 31, 2015. As established in article 125 of the Intellectual Property Law, the trademark currently has special protection in all branches of activity, not only for the products initially identified by the trademark (dolls, clothes for dolls and parts and accessories for them).

Highly renowned trademarks are trademarks that have achieved renown and great popularity in the Brazilian market as a result of significant investment in advertising, marketing, technology and quality. A legacy in which consumers recognize the trademark, transcending industry barriers.

The requirement for recognition of a trademark’s high renown must be filed before the BPTO, with documents proving recognition by consumers, the reputation, prestige, and credibility of the trademark nationwide, as well as proof of investments and advertising of the trademark.

Do you have questions or are you interested in licensing the use of an already registered trademark or applying for high renown in Brazil? Contact our international department (ricciinternational@riccipi.com.br)

Tem dúvidas ou interesse em licenciar o uso de uma marca já registrada ou requerer o alto renome? Entre em contato com nossos especialistas por e-mail ou whatsapp

SOURCES: 

https://www.wipo.int/pressroom/en/stories/barbie-2023.html 

http://www.planalto.gov.br/ccivil_03/leis/l9279.htm 

Autor

  • Brenda Ozaki

    Brenda integra o escritório desde 2020 e atua na área internacional, auxiliando na gestão de portfólio de marcas no exterior.

    View all posts
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