What documents are required?
To file a trademark application in Brazil, you must provide the following documents:
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Power of Attorney: You (or an authorized officer from your company) must sign the Power of Attorney. A Notary Public must notarize the signature, and you must either legalize it through a consulate or obtain an Apostille. Since Brazil is a member of the Hague Convention, you can use an Apostille instead of consular legalization.
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Priority Document: If you are claiming priority, you must submit a certified copy of the foreign application within three months of your filing date.
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Portuguese Translation: You must translate all documents into Portuguese. Our in-house translators can assist you, since the Brazilian Intellectual Property Office only accepts documents in Portuguese.
You can file the application online. After you file it, the Brazilian trademark office will carry out a preliminary examination. Next, they will publish the application. If the substantive examination reveals no objections, they will grant your trademark.
We strongly recommend conducting a trademark search before filing your application in Brazil to confirm that your sign is available. Goytia & Associates offers this search free of charge. Click here.
To complete the filing process, you must provide the following information:
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The full name and address of the applicant(s).
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The details of the mark, including the type of mark, a digital image if applicable, and a description of any colors.
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The class or classes for the application, including the list of goods or services you want to protect.
You should also be aware of common impediments that may affect your application:
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You must represent the mark graphically.
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The mark must be available and not already registered.
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The mark must be distinctive and not likely to confuse the public.
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You may use words, letters, numbers, drawings, shapes, or a combination of these elements.
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.
