In order to obtain protection in Brazil, a request must be submitted to the National Institute of Industrial Property (INPI).
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.
Once the application has been filed it will be submitted to a preliminary formal examination and then is published for opposition purposes. An opposition may be filed within 60 days from publication. The applicant has 60 days to file a non 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.
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.