SONORIDADE MARCÁRIA: EXPLORANDO AS IMPLICAÇÕES DO DIREITO INTERNACIONAL NA REGISTRABILIDADE DAS MARCAS SONORAS NO BRASIL

The issue of registering non-traditional trademarks, including sound marks, in Brazil remains a contentious topic due to the country's conservative legislative approach in the field of industrial property. In this context, this study focuses on analyzing the compliance of sound marks with intellectual and industrial property legislation, considering the importance of tangible and intangible assets. The main objective is to understand how international standards affect industrial property legislation and, consequently, the acceptance of sound marks in the country. This multidisciplinary approach includes legal analysis and literature review, encompassing international treaties such as the TRIPs Agreement and the examination of jurisprudence from various jurisdictions, involving national and international bodies related to industrial property and foreign trade. Additionally, it highlights the crucial role of trademarks in the current economic, business, and commercial context, while considering the feasibility of registering sounds as trademarks and addressing the lack of registration facilities to protect audio signals. It also addresses issues related to unfair competition and copyright infringement in this context. Lastly, the study seeks to understand the potential for protecting the real rights of sound signals through a direct analysis of the current Brazilian legislation, based on a teleological interpretation of the Intellectual Property Law (Federal Law No. 9,279/1996). The article aims to provide an enlightening perspective on the complex issue of sound marks in both the national and international landscapes, offering valuable insights for the development and adaptation of the Industrial Property Law that governs trademarks in Brazil.