BRAZIL

• Kinds of Trademarks registrable in BRAZIL

  • Kinds of marks that can be filed with the INPI Brazil are:

    1. Words
    2. Combination of letters and numbers
    3. Drawings
    4. Figures
    5. Stylised Letters and Numbers
    6. 3D Marks

    Types of Marks registrable:

    • Collective marks
    • Certification marks
    • Marks for non-commercial purposes
    • Service marks
    • Well Known marks
• Requisites for a Trademark to be registrable in BRAZIL

  • Trademarks must contain the following essential requirements to be registrable in Brazil:

    1. Distinctiveness Non-descriptiveness of the goods and / or services
    2. Not be a well known term in the line of business, trade channels of the applicant
    3. Not be same / similar / identical either visually and/or phonetically to prior registered / pending marks.
    4. A mark used or intended to be used by the applicant in relation to the goods and services dealt with should be able to distinguish applicant marks from those of the others.
• Kinds of Trademarks not registrable in BRAZIL

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Brazil:

    • Trademarks that indicate the kind, quality, intended purpose or value of the goods or services.
    • Trademarks that are common surnames or geographical names.
    • Trademarks that are misleading about the nature of the goods or services.
    • Trademarks conflicting with prior registered marks.
    • Non Distinctive marks.
    • Descriptive words and phrases.

    TrademarkCopia through its associate Law Firms and Lawyers in Brazil is at hand to help you with trademark registration and prosecution.

• Trademark Search in BRAZIL

  • It is highly advisable to conduct a search prior to filing of the trademarks so as to identify similar and /or identical marks to those of the applicant marks. This is to ensure that there is no conflict.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Brazilian Trademark Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Brazil.

• Trademark Filing in BRAZIL

  • Filing is done with the Trademark office of Brazil.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA) Signed and Scanned Copy.
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in BRAZIL

  • Once the application is filed, it is received at the trademarks office and published for opposition by 3rd parties within stipulated time.If the application encounters any opposition, it is adjudicated accordingly, else the application is taken up for examination.

    The application is examined regarding compliances and any deficiencies found or objections raised, applicant notified of the same to which responses must be furnished within stipulated time else, application is dismissed.Upon conclusion of the examination and the application approved, it proceeds for registration and Certificate of registration issued.

• Trademark Publication & Opposition in BRAZIL

  • The application is published for opposition by interested 3rd parties prior to examination and then proceeded with accordingly for examination and registration.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Brazil can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in BRAZIL

  • Once the trademark is accepted for registration, the Registrar of trademarks will enter the details of the trademark onto the trademark register and the applicant will be issued with a Certificate of registration.Rights of Trademark Owners:

    The term of registration is 10 years after which it can be renewed for another 10 years and for unlimited years.

    Trademarks may be:

    1. Exclusively used by the owners of the registered trademarks.
    2. Transferred in whole or in part- Inherited
    3. Assigned and licensed.
    4. Mortgaged and creditors may seize such trademarks belonging to their debtors.
    5. Licensed to natural or legal persons
    6. Prevented from unauthorized usage by third parties
    7. The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in BRAZIL

  • Pre- Registration: Usage before registration could prove advantageous as it could help overcome objections concerning distinctiveness.

    Post Registration: If the mark is not used continuously post registration within 5 yrs., the mark could become vulnerable for cancellation.

• Trademark Cost of Registration in BRAZIL

  • Please write mail for cost of registration of trademark in Brazil  to the mail address given below:

    contact@trademarkcopia.com