The following may be registered as trademarks to distinguish products and services: one or more words with or without conceptual meaning; drawings; emblems; monograms; engravings; stampings; seals; images; bands; combinations of colors applied at a specific location on the product or on the packages; wrappings; packages; the combination of letters and of numbers; letters and numbers on account of their special design; advertising slogans; contours having the capacity to distinguish and any other sign with such capacity.
Whoever wishes to obtain the registration of a trademark, must file an application for each class in which it was requested.
Once the application for registration has been filed, the Trademark Office, if finds legal formalities had been met, shall cause it to publication. Within thirty (30) days of application having been made, INPI (National Institute of Industrial Property) shall carry out the search of the records for the trademark application and shall issue an opinion with respect to its capacity to be registered.
The oppositions to the registration of a mark must be lodged before the National Institute of Industrial Property within the thirty (30) days elapsing as from the publication.
If neither opposition are filed nor confusingly similar prior records or other absolute grounds for rejection are found, registration is granted.
In case an opposition is filed, the applicant will have one year as of the date of notification to obtain the withdrawal of such opposition. The withdrawal of the opposition is generally obtained by means of an amicable agreement between the parties. Usually, the agreement is accepted by the Trademark Office and the trademark is granted. Nevertheless, the Office has the right of review the agreement and must take care of the public interest and of the law. As a consequence, it may occur that the Office does not accept the agreement made by the parties and reject the registration of the trademark.
In case no agreement is reached, the applicant has to file a legal action before a Federal Court, asking the opposition is declared unfounded.
The term of duration of the registered mark shall be ten years form the registration date and can be renewed indefinitely, each time for ten years.
Trademark registration is subject to cancellation in the event of non-use for five consecutive years.