There is no disposition in Brazilian law prohibiting non-traditional trademarks, however the Brazilian Trademark office (BPTO) does not accepts it.

In Brazil, only word marks, device marks and three-dimensional marks are allowed by BPTO.

Even so, in June, the BPTO published a consultation regarding the registration of position trademarks. After discussions a resolution was published in September 21.

From October 2021, it will be possible to file for position trademarks in Brazil.

The resolution states rules regarding the application and the trademark distinctiveness. For example, if the position of the trademark in the product is common for that product the trademark will be rejected. Also the position of the trademark in the object have to be fixed.

The list of good should be limited to the product/service where the trademark is positioned.

Finally, it is important to mention that the signal inserted in this certain position of the object can be a word, symbols, colors, numbers.

If you have any question regarding to trademark position and the rules in Brazil feel free to send your questions to inter@peduti.com.br.

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Author: Laila dos Reis Araujo, Senior Associate & Head of The International Department at Peduti Advogados.

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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”