Hewlett Packard Enterprise (HPE) secures legal protection for its Element Logo in Brazil

By Dannemann Siemsen

A recent decision by the Federal Regional Court of the 2nd Region (TRF-2) marked a significant milestone in Brazil's legal landscape by recognizing the concept of acquired distinctiveness—commonly referred to as "secondary meaning"—in the context of trademarks in the technology market. This legal principle establishes that initially non-distinctive signs can acquire an identifying value over time when used consistently and recognized by consumers.

The case involved the house mark of Hewlett Packard Enterprise (HPE), which identifies the company's products in the market. The ruling ensured protection for the brand in Brazil, signaling the country's progress toward aligning with international intellectual property trends.

Recognition of simple yet functional trademarks

In its judgment, the Court emphasized that simple visual elements—commonly employed in highly competitive sectors like technology—can, through continuous use, become essential symbols of commercial identification. This reasoning was applied to HPE's Element logo, which had previously faced resistance before the Brazilian Patent and Trademark Office due to its clean and minimalist appearance.

"Their figurative trademarks have come to be recognized by consumers in the technology sector as identifiers of the company, thereby acquiring a second meaning (secondary meaning) that grants the necessary distinctiveness for trademark registration, based on the prestige achieved within their business segment," noted the decision authored by Federal Judge Marcello Ferreira Granado.

Impact on Brazil's legal landscape

The TRF-2 decision carries implications beyond HPE's case. Until now, Brazil was one of the few countries where HPE's Element logo had not yet achieved protection. Representing Hewlett Packard Enterprise in this case were attorneys Roberta Calazans, Roberta Magalhães, and Caio Richa from the law firm Dannemann Siemsen.

"This decision demonstrates that Brazil is attuned to changes in how consumers interact with modern visual identities. It positions the country as a legal environment that respects design innovation, attracting global companies that value intellectual property as a strategic asset," said Caio Richa, an intellectual property specialist.

Legal certainty and fostering innovation

For the market, this decision represents a landmark that benefits established companies, startups, and new businesses seeking to build their brands in a more secure and predictable environment. By recognizing the importance of acquired distinctiveness, Brazil underscores the value of signs that, although simple, gain commercial relevance over time.

"This type of trademark, formed by simpler elements with less obvious distinctiveness, is increasingly common in the global market, especially considering the rise of modern design and digital visual identities," explains partner Caio Richa.

This legal protection gives companies greater freedom to invest in visual identity and market strategies, knowing their rights will be safeguarded against potential infringements. This fosters a business environment conducive to foreign investment.

The recent ruling represents a turning point in addressing acquired distinctiveness ("secondary meaning") in the tech market. This principle acknowledges that certain initially non-distinctive signs can, through consistent use, acquire distinctiveness sufficient to identify commercial origin.

The TRF-2 decision bolsters the trademark protection system in Brazil, where HPE's domestic mark had yet to gain recognition. By adopting a progressive approach aligned with international trends, Brazil demonstrates its commitment to safeguarding trademark rights, promoting legal certainty, and encouraging innovation and branding investments.

This development positions Brazil as a benchmark in intellectual property discussions, reinforcing its standing in the global intellectual property landscape and setting a precedent for protecting trademarks with subtle or non-immediate visual perception.