What documents are required?
The documents required to file a trademark application in Brazil are the following:
- 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.
- If priority is claimed, Certified copy of the Priority Document of the first filed foreign application must be submitted to the Brazilian trademark office within 3 months upon filing date.
- Translation of documents into Portuguese: our in-house translators can assist you, as the official language of the proceedings before the Intellectual Property Office in Brazil is Portuguese.
The application can be filed online. Once the application is filed, the next step is the preliminary examination. Then, the application will be published. After the substantive examination if no objections raised the tm will be granted.
It is highly advisable to perform a search before filing a Trademark application in Brazil, in order to verify the availability of the sign. Goytia & Associates can proceed with a search free of charge. Click here
Other information that is required to complete the filing process is:
- 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.
Some impediments that might interfere with the application process:
- The mark must be capable of graphical representation.
- It must be available to use and not previously registered.
- The mark must be distinguishable and not confusing to the public.
- It must be one or a combination of; words, letters, numbers, drawings, and shapes.
How to file a Trademark in Brazil?
The trademark in Brazil is valid for ten years from the date of registration.
It can be renewed for successive periods of ten years within 12 months before the expiration of the current trademark registration. It is possible to file renewal within a grace period of six months after the expiration date.
The trademark registration process in Brazil takes approximately 20 months from filing up to registration provided that there are no office actions.
*For foreign applicants, it is necessary to appoint an agent, a registered Brazilian trademark attorney.
Do you need help in the process? Follow this step by step guide
Please note that a general power of attorney is admitted and we can use it to file any number of applications on behalf of the same client.
Also, you may want to learn which documents are needed to file a patent in Brazil.
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.
