You have recently received a notice of provisional refusal for your international trademark application in Brazil; this is a good place to start.
When you are protecting your trademark internationally, one of the best options is to utilize the Madrid Protocol mechanism. This procedure reduces the complexity and costs of filing an application country by country. In Latin America, only Brazil, Colombia, Cuba, and Mexico are members of the Madrid Protocol for international trademark applications. For the other countries in Latam, you have to file a national application to get trademark rights.
Brazil was the last country in the region to join the Madrid Protocol on October 2nd, 2019. Trademarks filed using the Madrid protocol before that date are not protected and can not be extended to cover Brazil. In practice, the first applications entering Brazil happened in 2020 after an 18 months period.
Once the international application is published in the Brazilian Official Gazette, third parties have 60 days to file an opposition. In case an opposition was filed you have to be aware that WIPO will not inform you of such. The only way to know there was an opposition is by checking on its publication the Official Gazette. There is no obligation to respond to the opposition but you can miss an important opportunity to defend your trademark.
Even if there is no opposition, the trademark office can refuse the trademark. This is one of the common obstacles international applicants face.
Just in 2019 Mexico refused over 3,269 trademark applications and Colombia refused 1,495. Brazil joined the protocol in 2019 so statics are not yet significant. Applicants from United States, China, Spain, Germany and France were the most affected.
When you receive a Notice of provisional refusal of your international trademark application, you have a month and 10 days to reply. If you do not respond, the application will be automatically refused. Later, if you want to get a trademark in Brazil, you will have to file a new national application and start the procedure all over again.
This reply must be filed by a local authorized attorney licensed to practice before the Brazilian trademark office. This is when we come to help you overcome the refusal.
Once the trademark is granted you will need to pay a second official fee to the trademark office, if you don’t’ then the application will be considered abandoned and you will have to start all over again.
To start the procedure, we need:
- The international application number
- A Power of Attorney, fill this form, and we will send you the POA for your online signature.
- Online payment (click below)
Our flat fee includes preparing, filing the response, official and professional fees. They are no other hidden fees except If evidence needs to be translated.
This fee will increase as the deadline approaches. You have about six weeks to file the response from notice. The best option we recommend is to instruct us and pay more than three weeks in advance. This way, you get the best price, but we also have time to prepare the best possible answer.
If you do not want to pay online, you can contact us, and we will issue an invoice that you can pay by US Check, ACH, US wire, Zelle, Iban wire in Euros, or British Pounds UK transfer.
Just complete your international application number, press the button “Start Now,” and a secure server will process your payment.