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BrazilBelow is information that will help you protect your trademark rights.
We hope that this page will be of assistance to you in protecting your intellectual property overseas. Please help us.
* Average review period in Brazil * As of March 2018
It takes about two to three years for the results of your application to be announced.
Trademark Rights in Brazil
A. What is subject to trademark registration?
(1) Trademark type
- Product or service mark
- certification trademark
- collective trademark
(2) Subjects of trademark protection that can be applied for
- Word marks (combinations of letters and numbers, not including decorative displays)
- Figurative trademarks (designs and images)
- Combination marks (combinations of letters and figures)
- 3D trademark
(3) Famous and well-known trademarks
- Famous marks (marks that are registered in Brazil and are considered famous) and well-known marks (marks that are well-known in their field of business) can be registered in all classes.
(4) Requirements for trademark registration
- Any visually recognizable sign may be protected as a trademark as long as it is sufficiently distinctive and not prohibited by law (Article 122 of the Brazilian Industrial Property Law).
- The applicant's business is legitimate and relates to the goods or services
- There is a possibility of registration (there is no other person registering the same or similar goods or services)
- Other major reasons for non-registration include trademarks that go against moral values or moral customs, trademarks that consist only of slogans used in advertising, and imitations of official government symbols.
B. Trademark applications
(1) Duration
- 10 years from the date of registration
- Renewable every 10 years
(2) Classification (goods or services)
- One trademark, one class system *Multi-class applications are not permitted; a trademark application is required for each class.
- Although it is not a party to the Nice Agreement, it does use the Nice Classification.
(3) Documents required for application (Language: Portuguese)
- Application
- power of attorney
- Certificate of payment of application fee
(4) After the screening
- After filing, a formality examination is carried out first.
- After the trademark application meets the formal requirements, the application is published.
- Any person may file an objection within 60 days of the publication.
- The INPI will not directly notify the applicant or his/her attorney of the results of the substantive examination.
- The examination results should be checked as appropriate in the "Industrial Property Gazette" published by INPI.
C. treaty
The status of membership in the main treaties is as follows.
treaty of paris | WTO agreement | trademark law treaty | madpro | nice agreement |
Join | Join | Not a member | Not a member | Not a member |