The Brazilian Patent and Trademark Office (INPI) published in its Industrial Property Journal (RPI) No. 2838, dated May 27, 2025, a decision of significant relevance in the field of trademark protection in Brazil. The office officially rejected the international trademark application for “TOKQI”, owned by Shenzhen Shi Yuansuchuangda Technology Co., Ltd., due to a direct conflict with the previously registered mark “TOOCKI”, which belongs to our client, Shenzhen Toocki Network Technology Co., Ltd.
The “TOKQI” application was filed under the Madrid Protocol, a system that facilitates international trademark registrations. The application was submitted as a combined (word + design) mark covering goods under Class 09 of the Nice Classification, including selfie sticks, speaker enclosures, headphones, navigation instruments, power supplies, cables, and rechargeable batteries.
According to the INPI’s decision, the “TOKQI” mark is not registrable under Article 124, item XIX of the Brazilian Industrial Property Law (LPI), which prohibits the registration of trademarks that reproduce or imitate, in whole or in part, another registered trademark for identical, similar, or related goods or services if such use is likely to cause confusion or association in the market.
Despite differences in the visual design, the INPI concluded that “TOKQI” and “TOOCKI” share significant phonetic and visual similarities, particularly considering that both operate in the same product market, which increases the likelihood of consumer confusion.
Trademark: TOKQI (Word + Design)
Application Number: 501772906
International Registration (IRN): 1772906
Owner: Shenzhen Shi Yuansuchuangda Technology Co., Ltd.
Class: NCL(12) 09 – Technology products and accessories
The “TOOCKI” brand, proudly represented by our firm, has had its protection in Brazil reaffirmed and further strengthened through this decision.
The trademark “TOOCKI” is registered in Brazil under No. 927377187, covering Class 09, which includes a broad range of electronic devices, technology accessories, and electrical components.
According to intellectual property experts, this decision not only reinforces the exclusive rights of our client in the Brazilian territory but also demonstrates the INPI’s strict approach to trademark examination involving phonetic and visual similarities in the context of digital commerce and e-marketplaces.
The INPI’s assessment highlighted that despite the stylized graphic presentation, the trademark “TOKQI” is confusingly similar in pronunciation and visual impression to “TOOCKI”, posing a clear risk of consumer confusion, which could negatively impact the reputation, market identity, and commercial standing of our client.
The current status of the “TOKQI” application is “Refused – Awaiting appeal” under the Madrid Protocol. If the applicant does not submit an appeal within the legal timeframe, the refusal will become final, fully barring the use of the “TOKQI” trademark within Brazilian territory through registration.
However, it is important to note that if there is evidence of commercial use of the “TOKQI” mark in Brazil despite the refusal, our client retains the right to pursue extrajudicial or judicial measures, including cease-and-desist notifications and legal action for trademark infringement or unfair competition, potentially seeking damages.
The “TOOCKI vs. TOKQI” case highlights the critical importance of robust trademark protection strategies, vigilant market monitoring, and swift legal action in cases of potential conflicts.
As global e-commerce platforms like Amazon, Shopee, and AliExpress continue to expand, ensuring that trademarks are well-protected across jurisdictions has become a vital business asset, not only in legal terms but also as a key to brand value, consumer trust, and market competitiveness.
By Marcus Julius Zanon
Intellectual Property and Business Correspondent
MJZanon