The Court of Justice of Pernambuco (TJPE) has annulled the preliminary appellate relief previously awarded to Spribe OÜ in the ongoing legal battle over the AVIATOR trademark in Brazil. The decision was issued on 7 July 2026 following a shift in the legal status of the company’s registration.
Justice Andrea Epaminondas Tenorio de Brito delivered the monocratic ruling, determining that the factual and legal grounds for the earlier injunction no longer hold. The court noted that the initial relief relied on the assumption that Spribe’s registration with the Brazilian National Institute of Industrial Property (INPI) was fully valid and enforceable.
Federal Court Intervention
A recent ruling by the Federal Court in Brasília provisionally suspended the legal effects of Spribe’s AVIATOR trademark registration. The federal authority ordered Spribe to cease claiming exclusivity based on that registration until the nullity proceedings conclude.
Consequently, the Pernambuco Court ruled that the foundation for the preliminary relief had materially changed. The revocation was executed in accordance with Article 296 of the Brazilian Code of Civil Procedure, which mandates the removal of interim measures when the underlying circumstances shift.