In this post we talk about:
Which kind of trademarks can be registered in Brazil
Any visually perceptive distinctive sign, when not prohibited under law, is susceptible of registration as a mark. It will be possible to file nominative, figurative, word & device or three-dimensional trademarks.
Trademark filing and registration of a trademark in Brazil
Once the application has been filed, it will be submitted to a preliminary formal examination and then it is published for opposition purposes. An opposition may be filed within 60 days from publication. The applicant has 60 days to file a not mandatory reply to the opposition.
Once the period for opposition has passed or, if such has been filed, after the period for reply, examination will be conducted, during which requirements may be formulated, which must be responded to within a period of 60 days.
Once examination has been concluded, a decision will be issued, allowing or rejecting the application for registration.
A certificate of registration will be granted after the application has been allowed and payment of the corresponding fees has been proved.
Validity and duration of a trademark in Brazil
The registration of a mark will have a term of 10 years counted from the date of its grant, it being renewable for equal and successive periods.
A registration will become forfeit, on the request of any person with a legitimate interest, if, after five (5) years from its grant, on the date of such request use of the mark in Brazil has not been initiated or has been interrupted for more than 5 consecutive years or if, within that time, the mark has been used in a modified form that implies alteration in its original distinctive character, as found on the certificate of registration.
High-renown trademarks in Brazil
Trademarks registered in Brazil and considered to be famous will be guaranteed special protection, in all field of activity. The proprietor of a trademark interested in obtaining the high-renown recognition of a trademark will have to pay specific official fees and submit a petition to the Brazilian Trademark Office, providing evidences of the high renown achieved by its trademark in Brazil.
In the event the proprietor wishes to obtain high-renown recognition for more trademarks, he will have to submit a petition for each brand. The petition may be submitted at any time, as long as the registration is valid.
The proof of the high-renown condition is linked to the presence of three requirements:
- The trademark is known by a large part of the public;
- Quality, reputation and prestige that the public associates with the brand and products/services covered by the brans;
Degree of distinctiveness and exclusivity of the trademark in question
Market searches can be useful to demonstrate the requirement of recognition of the mark by the public, as well as the attachment of a national trademark image search may help to demonstrate trademark’s reputation and prestige.
After high-renown recognition, the Brazilian Trademark Office attaches this condition to the trademark registration and such recognition will be valid for ten years, except if the trademark registration is extinguished or unless a third party file an appeal against high-renown recognition within the period of 60 days from the publication.
Eva Troiani law firm is at your disposal for further information on how to register your trademark in Brazil.