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trademark brazil 2018-01-16T20:36:46+00:00

A trademark is a distinctive sign, symbol or expression used to identify the products or services of a company from those of another. It guarantees the genuineness of the product of service, and gives its holder the legal rights to avoid their trademark’s unauthorized use.

  • It is the only way of obtaining rights to the trademark.
  • It provides national and/or local protection.
  • It allows demonstrate ownership of the trademark.
  • It helps discourage other people from using the trademark unlawfully.
  • Trademarks allow your business to effectively utilize the social media and make your customers find you easily.
  • If anyone uses your registered trademark, he/she will be presumed to be a willful infringer, and registering a trademark confers the ability to recover monetary damages as a result of the infringement.
  • If you don’t register your trademark and someone else registers a trademark very similar to yours, you’ll have to change its name and spend a lot of money changing advertising. It’s also possible that you lose customers.
  • Words
  • Names
  • Devices
  • Certain three-dimensional shapes
  • Colors
  • Trade-dress/get up

Trademark protection in Brazil lasts 10 years from the granting date and can be renewed indefinitely every 10 years. A renewal application must be filed within 12 months before expiration date.

The approximate time from application to registration (for a prosecution without an opposition) is between 24 and 36 months.

An application is published for opposition purposes before formal examination of the application. The opposition period begins the date the application is published for opposition purposes in the Official Bulletin and ends 60 days later.

  • Name and address of the applicant.
  • State or country of incorporation.
  • Trademark description.
  • List of goods or services provided.
  • Trademark Representation.
  • Power of attorney (it may be digital).
  • Statement of business activity.
  • Official filing fee.
  • Priority claim documents (if any).
  • Joint applicants are not permitted in Brazil.
  • Actual use is not required for application.
  • The list of goods and services may specify a list of the common commercial names for the specific goods or services of interest and the relevant entire alphabetic class listing.
  • Brazil uses the Nice Classification System.
  • All documents must be translated into Portuguese.
  • In Brazil, the type of registration available is national.
  • Brazil is a member of the Paris Convention, the Nairobi Treaty and the Vienna Agreement.
  • Brazil is not a party to either the Madrid Agreement or the Madrid Protocol and may not be designated in international applications.
  • European Union Trade Mark registration is not effective in Brazil.
  • Multinational regional registrations are not available in Brazil.
  • Applications can be filed online, in person or by post.
  • The official file can be accessed online.

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