To file a Trademark protection in Brazil can be obtained through registration, by filing an application before the Brazilian Intellectual Property Office (INPI). According to the IP Law No. 9279/96, the owner of the registration will have the exclusive right to use the trademark under the Brazilian territory for ten years upon registration date.
What is a trademark in Brazil?
It may be registered as a mark a visually perceptible sign capable of distinguishing goods or services. Hence, a mark can be denominative, figurative, combination of boths and also 3D.
The registration at INPI guarantees accessing legal protection in Brazil for trademarks. It is important to emphasize that, once granted, a trademark registration remains in force for ten years and this period can be extended for successive equal periods indefinitely, as long as there is an interest in maintaining the trademark ownership.
Besides being registrable, a trademark has also to be available. In Brazil, the first to file an application-defined who has the right to the registration.
There are also some restrictions on what can be considered applicable. You can get in touch with us and we can help you to file a trademark in brazil with the restrictions and we can proceed with a search free of charge.
How to file a trademark in Brazil?
The application to file a trademark in brazil can be file on-line, by post or personally; the form must contain at least the following:
TM information:
- Complete name and address of the applicant(s);
- Particulars of a mark (type of mark, digital image if any, description of colors, etc).
- Class/es in which the trademark application is to be filed: specifications of goods/services to be covered.
Documents required:
- Power of Attorney: signed by the applicant or an authorized officer of the applicant company; the signature must be notarized by a Notary Public and Consular legalization or “Apostille” is required Brazil is a member of the Hague Convention, which allows the exemption of foreign documents from consular legalization.
- Certified copy of the Priority Document: if priority is claimed, a copy of the first filed foreign application notarized.
- Translation of documents into Portuguese: our in-house translators can assist you.
It is recommended to perform a search before filing an application in Brazil, in order to verify the availability of the sign. If you file your trademark with Goytia & Associates this previous search is FREE.
Check out how to file a patent in Brazil.
How is the process of a Trademark in Brazil?
To file a trademark in brazil it is very simple, once the application has been filed, it is published and interested parties can file an opposition within 60 days. If an opposition is filed, the applicant will be notified to respond within 60 days. After the term for opposition and counter-arguments has expired, the examination is conducted and potential conflicts with senior trademarks are considered. During the examination period, official actions or requests may be issued and must be responded to within 60 days.
If an applicant fails to respond to an official requirement, the application will be shelved. However, if a response is filed, the examination will continue, even if the requirement has not been satisfied or if the applicant’s response was to lodge a formal challenge to the official action or request.
In the absence of opposition, the examiner will consider the results of the availability search. If conflicts with prior registrations are found, the examiner will reject the application. If a possible conflicting registration which could be cited as grounds for rejection is under forfeiture or subject to court proceedings or orders, the examiner will stay the junior application pending a final decision on the respective case. The same applies to possible conflicting senior applications that are still under examination.
Once an examination has been concluded, a decision will be issued either allowing or rejecting the application. In the event of rejection, the applicant has 60 days to file an appeal to the BPTO president.
Duration of the procedure:
To file a trademark in brazil generally takes between 24 to 36 months to register a trademark (from filing the application to the final decision), provided there is no opposition. In the event of opposition, the process may take several years.
Grant, validity term and maintenance fees
Protection (registration) duration: 10 years from the registration date.
Renewal applications can be made within 12 months before expiry.
Renewal Duration: 10 years.
International treaties
Brazil is a party to the following international treaties: the Paris Convention for the Protection of Industrial Property; the Agreement on Trade-Related Aspects of Intellectual Property Rights; and the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.
Some Extra Facts
Publications: in the Official Gazette after acceptance.
Opposition period: 60 days.
Time limit to pay registration fees after the end of the opposition period: within 60 days after the end of the opposition period without penalty. However, there is a grace period of 30 days (with penalty fees) after the end of the first 60 days allowance.
Representation by a trademark attorney
Foreign applicants must designate a qualified representative who must be resident in Brazil and who must have administrative and judicial power of attorney, including powers to receive notifications (Section 217 Intellectual Property Act). This person may be either an IP agent, a specialized lawyer (traditionally) or any Brazilian citizen (since June 2014).
Goytia & Associates has local offices in Brazil and in key cities of the world to ensure the best quality of IP service. Our extensive coverage of +120 countries enables our clients to effectively manage multiple filings and cases through one centralized agent.
Do you need to file a trademark from another country other than Brazil?
This content may suffer modifications due to updates in the official regulations of Brazil.
