It is important to start saying that Brazil is a first to file country, which means that the rights over your trademark are acquired upon registration.
The recommendation is always to register a trademark at the earliest stage possible, to not risk the exclusivity of using the intended term.
Besides that, there is another relevant point about the trademark registration – the fact that Brazil had an enormous backlog of work at the BPTO. Nowadays, the BPTO has improved its performance. A registration should take around one year and four months without oppositions or rejection decision.
It is strongly recommended that before filing the trademark a full search on the BPRO base is done.
Brazil classifies trademarks in the following way:
- Scope of protection: Product or service
- object of protection: Collective or certification
- According to its graphical representation: nominative, mixed, figurative or three-dimensional.
The following information are needed to file a trademark:
- general information about your trademark and business application form
- Official fee payment receipt
- digital image (if applicable)
- power of attorney (if applicable)
- regulation on use and other documents to support your application
A trademark can only be registered if it is directly relevant to the business’ nature or activities. For foreign entities, it is necessary to have a legal representative in Brazil to undertake the trademark registration process. The trademark is valid per 10 years.
However, a registration becomes vulnerable to cancellation based on the non-use after 05 years. This cancellation may occur when a legitimate third-party files the cancelation action, for example when this party have had the trademark rejected based on this trademark.
Brazil is a country that has become more attractive to investment after its economy began to gain speed and cannot be a discarded country to have you trademark registered.
Furthermore, Brazil recently joined the Madrid Protocol, which makes it possible to file a single application with the World Intellectual Property Organization (“WIPO”), which will forward to the offices of the countries designated by the holder, among the signatories to the protocol, for examination of the application based on national law and subsequent registration and protection.
It will no longer be necessary to register the trademark in Brazil and separately in the other countries in which the holder wishes to obtain protection.
We have explained the whole Brazilian trademark system in Chambers magazine, you can find here:
https://practiceguides.chambers.com/practice-guides/trade-marks-2020/brazil
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Lawyer Author of the Comment: Laís Iamauchi de Araujo
“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.”
