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Trademark Brazil2018-06-22T07:00:02+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 a product or service and gives its holder the legal rights to avoid their trademark’s unauthorized use.

  • It is the only way of obtaining rights to a trademark.
  • It provides national and/or local protection.
  • You can demonstrate the ownership of a trademark.
  • Other people are discouraged from using a trademark unlawfully.
  • Trademarks allow your business to effectively utilize social media and encourage your customers to find you easily.
  • The person who uses your registered trademark will be presumed to be a willful infringer. If it is not associated with Brazil trademark assignment, you are entitled to reimbursement to recover monetary damages caused by the infringement.
  • If you don’t register your sign or any other expression in the Brazil trademark office while someone else does this with a trademark very similar to yours, you’ll have to change its name and spend a lot of money on dealing with advertising issues. It’s also possible that you lose your customers.
  • Words
  • Names
  • Devices
  • Certain three-dimensional shapes
  • Colors
  • Trade dress/get-up

Trademark protection in the country lasts 10 years from the granting date. You can apply for Brazil trademark renewal indefinitely every 10 years. An application must be filed within 12 months before the expiration date.

The approximate time from application to registration (in case of prosecution without opposition) is between 24 and 36 months.

An application is published for opposition purposes before its formal examination. The opposition period starts immediately after the publication in the Official Bulletin and lasts 60 days.

  • Name and address of an applicant.
  • State or country of incorporation.
  • Trademark description.
  • List of goods or services provided.
  • Trademark representation.
  • Power of attorney (it may be a soft copy).
  • Statement of business activity.
  • Official filing fee.
  • Priority claim documents (if any).

In Argentina the Power of Attorney must be:

  1. Signed.
  2. Notarized.
  3. Apostilled.
  4. Scanned to us.
  5. Sent to the PTO (physical document).

Actual use is not required for application in Brazil.

  • Joint applicants are not permitted in the country.
  • Actual use is not required for an application.
  • The list of goods and services may specify common commercial names for the specific goods or services of interest and the relevant alphabetical class listing.
  • The Nice Classification System is used in Brazil.
  • All documents must be translated into Portuguese.
  • The type of registration available is national.
  • Brazil is a member of the Paris Convention, the Nairobi Treaty, and the Vienna Agreement.
  • Brazil is a party to neither the Madrid Agreement nor the Madrid Protocol and may not be designated in international applications.
  • European Union Trademark registration is not valid in Brazil.
  • Multinational regional registrations are not available in the country.
  • You can file an application online, in person, or by post.
  • You can access the official file online.

If your trademark has been successfully registered and it is time for you to renew it, you can start the procedure six months before the expiration date. If you do not renew on time, you will need to file a complete new application. Once renewed, it will be valid for another ten-year period starting from the previous expiration date.

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Ins and Outs of Brazil Trademark Registration

Reasons to Apply

Regardless of the direction of your activity in Brazil, trademark filing is an essential measure to protect your rights and add to the brand image. It’s up to you to continue manufacturing products, providing services, and running any other business you’re engaged in without an official identifier. However, such an approach keeps you away from the real success and recognition. If you decide not to file an application at the Brazil trademark office, you make way for the unauthorized use of your signs, symbols, and words by third parties.

It is highly recommended to protect your intellectual property against infringement so that no competitor would be able to use your resources against you. At B&R Latin America, we come up with a comprehensive range of Brazil trademark registration services for businesses of various sizes. It is us who will make sure you reserve the rights to own, transfer, and use your mark at your own discretion.

What Makes B&R Latin America Stand Out?

  • Wealth of experience and expertise in intellectual property protection.
  • Assistance during all stages of Brazil trademark filing as well as registration of distinctive signs in other countries over the area.
  • Handpicked team of experts who know the ropes of providing first-class services.
  • Increasing recognition. Our company has already filed over 125 000 applications (2010 WIPO) and made a name for itself as “Best IP Asset Valuation Specialists 2016”. Also, we have managed to receive “Corporate INTL 2016”, “International Advisory Experts 2017”, “Wealth & Finance 2016”, and many other awards.
  • Close cooperation with big-name companies, qualified lawyers, and specialists who can give some advice on Brazil trademark assignment or any other procedure in the country.
  • The most reasonable pricing policy due to the comprehensive partnership network.

Leave Everything to Us

B&R Latin America is committed to relieving the burden associated with Brazil trademark search and registration so that entrepreneurs can focus on doing their business rather than paperwork. Once a relevant application is filed, our team will take care of all details and let you know them at every procedure step. After the completion of all stages, you will be granted a mark for 10 years from the issuance date. Note that you are entitled to apply for Brazil trademark renewal during 6 months after the certificate is expired.

Keep in mind that:

  • Only digital certificates are issued by the Brazil trademark office.
  • A mark may be canceled if not used during the period of 5 years.
  • Once an application is published, a 60-day opposition period starts.

At B&R Latin America, we care about your convenience and budget. Take the first yet critical step towards your intellectual property protection and obtain the most reasonable quote for the application of your trademark in this country!

Benefits of registering your trademark in Brazil with us

trademark services

EXPERIENCE & KNOWLEDGE

  • An experienced and professional network who carefully selected and evaluated lawyers in each country.
trademark search

SERVICE

  • Dedicated client experience manager
  • Online Payments, Help Desk and Ticketing System
  • A contact office in the US
trademark registration

TECHNOLOGY

  • A Clients Portal to control on real time the outcome of your cases
  • State of the Art cloud based internal platform to coordinate a team in 18 different countries

What our clients say

Managing applications in different countries it is a lot of work. With BR I reduce the work load and I can spend more time on more important matters. I am overall more productive

Adam, IP in house counsel

Dealing with foreign associates could be very frustrating. BR is always available to reply my emails and phone calls

Jennifer, Trademark paralegal

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