After obtaining the trademark registration, it is important to continue using the trademark as the one requested within the application. If you’ve had a trademark for more than five years and you start using a different mark, with another words, colors, or designs, you can lose your trademark registration in Brazil.
According to the Brazilian law, “after five (5) years of its granting, on the date of the application, the registration, upon request of any person with legitimate interest, shall expire if:
I – the trademark has not been used in Brazil; or
II – the trademark has ceased to be used for more than five (5) consecutive years or, within the same term, the trademark has been used in a different manner, causing its original distinctive nature to be changed, as provided for in the certificate of registration”.
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So, if you cease the use of your trademark or do any change you can lose your trademark.
Sometimes, the registrant wants to promote changes in the trademark, in this case, if any detail is modified in the trademark, you must file a new trademark application.
On the other hand, if you want to register a mark and you find a previous mark of third party that is not in use, you can request the cancellation of this trademark registration, as long as you prove the legitimate interest. If the request of cancellation for nonuse is accepted by the BPTO, your trademark application has a better chance of being granted.
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Author: Luciana Santos Fernandes, Associate Lawyer 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.”