Before offering your products or services, you want to perform a trademark search in Brazil. The reason is simple; you do not want to use a previously registered trademark in Brazil to avoid a trademark infringement lawsuit.
We also advise you to perform a search before filing a trademark application to avoid unnecessary conflict or delay during the process-
The Brazilian Patent and Trademark Office has an online database to conduct a trademark search. However, trademark online searches in Brazil are only available in Portuguese.
You can also make trademark searches in Brazil using the European Union Intellectual Property Office -EUIPO- Trademark Database (TM VIEW) that consolidates various national databases and allows searches in different languages.
This trademark search will perform an exact match search and can also include other trademarks that contain the same search terms. A good practice is to search also for:
- Similar trademarks
- Noticeable variations as plurals or gender
- Obvious misspelled words
- Sound-alike works
- Other accepted spellings
You should also be familiar with the international trademark classification of goods and services, AKA Nice Classification. This classification is essential because trademarks are registered in a specific class, but there are also relations between the classes.
It will help if you look closer to trademarks registered in Brazil that are registered in the same class or classes as your brand, but also in classes that could be connected by consumers.
Once you have a list of similar brands, you have to study one by one to see if there is a risk of confusion, and they cover similar goods or services.
If you have a question about your search or want a legal opinion, our Brazilian trademark attorneys can help.