Why and how to register a trademark in Brazil

As a general rule, trademark rights in Brazil are only recognized for trademarks that have been registered before the Brazilian National Institute of Industrial Property (INPI). However, in exceptional cases, unregistered famous or well-known trademarks may be recognized and protected. Furthermore, if a trademark has been in use in Brazil, opposition actions may be presented against the application of a third parties identical or considerably similar trademark.

In order to register a trademark through the electronic filing system of the Brazilian trademark office, the description of goods or services included in the application must be identical to those available in the 10th edition of the Nice Classification. Filing a trademark electronically will allow the trademark process to move along faster than those of applications filed manually. Please be advised that the registration process in Brazil is quite slow and takes approximately three (3) years from filing to actual registration. 

If you register a combined trademark (which includes both word elements and figurative elements) in Brazil, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. Probabilities of success for an opposition will vary in each case depending on the circumstances.

If one wishes to present opposition actions against a trademark application, one must do so within sixty (60) days from the date on which the conflicting trademark application is published for registration in the official bulletin.

Brazilian trademarks are granted protection for a period of ten (10) years, term that begins from the date on which they are registered. A trademark can be renewed for subsequent ten-year periods indefinitely. Trademarks may be renewed in Brazil within the last year (12 months) of its validity period. Furthermore, if one does not renew a trademark before it expires, one an still do so up to six (6) months after the expiry date upon payment of a fine.

Please be advised that registered trademarks may be subject to cancellation actions presented by third parties on the basis of non-use, if a trademark is not used for a consecutive period of five (5) years after it is registered.

Brazil is a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.

 

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