Brazil's National Institute of Industrial Property (INPI) granted ASC Brands' caducity request against Mondelez, stripping the company of Ploc and Ping Pong chewing gum trademarks due to non-use for over five years. The ruling rejected Mondelez's defenses in two of 15 requests. ASC plans to relaunch the products.
Brazil's INPI granted ASC Brands & Entertainment Marcas, Consultoria e Produtos Ltda's request for caducity of 15 trademarks linked to Ploc and Ping Pong chewing gums, previously held by Mondelez. Under Brazil's Intellectual Property Law, trademarks lapse if unused for five uninterrupted years post-registration or if use is suspended similarly.
Mondelez, via subsidiary Intercontinental Great Brands, defended only two trademarks, but INPI rejected both. In its defense, the company claimed ASC was abusing rights, stating it would "reap where it did not sow and harvest fruits from others' plantations and investments". Mondelez acknowledged last sales in 2015 and cited a "serious relaunch project".
ASC viewed the admission as guilt, noting 11 years of non-use. The firm is discussing relaunches with partners. Ping Pong, launched by Kibon in 1945, was Brazil's first gum, known for themed stickers. Ploc, from Q-Refres-Ko in 1968, boomed in the 1970s-1990s with collectibles.
Folha's Painel S.A. column contacted Mondelez three times on Tuesday (7th) but received no response on plans to appeal the decision.
