Colidência entre marcas e nomes de domínio no ambiente virtual: o sistema de marcas brasileiro frente aos desafios da sociedade informal

Abstract

This monographic work analyzes the Brazilian trademark protection before the collision between trademarks versus domain names in the virtual environment. Regarding the study’s contributions to the juridical atmosphere, as well as to the academic field and to the society, the research inquires the information and communication technologies reflexes to the exclusive right of a trademark holder in the Industrial Property, considering the social interactions and the business activities on the Internet. In order to this, it illustrates the Trademark System main fundaments in the Informational Society, with the Fourth Industrial Revolution as a technological scenario, also it presents the trademarks’ essential aspects, from the National Institute of Industrial Property (INPI) registration moment to the loss of the holders’ rights and it analyzes the trademarks on the Internet and the possible conflicts regarding to their registration at an electronic address. The hypothetical- deductive method is used as this research’s base, including a scientific category, with a exploratory and descriptive goal. Therefore, this work shows that there are administrative mechanisms to solve the domain registration conflicts, nevertheless, legislative blanks are found in the Brazilian Legal System due not to follow so many changes, what reveals that the Digital Age shows itself as an increasingly present reality, mainly in the business activities, highlighting the legal protection urgency to the trademarks in the cyberspace as a new rising commerce model.