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Legal notes to trademark registration in Brazil

Legal notes to trademark registration in Brazil

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Trademark registration in Brazil. Brazil, officially the Federative Republic of Brazil, is the largest country in both South America and Latin America. Brazil is one of the world’s most multicultural and ethnically diverse nations, due to over a century of mass immigration from around the world. Therefore, many businesses want to expand their company’s activities to Brazil and one of the most important steps to do it is to have a trademark registration in Brazil.

Trademark categories in Brazil

Trademark registration in Brazil is achieved through the Brazil Intellectual Property Office (“INPI”), affiliated and sponsored by the Brazilian Ministry of Development, Industry, and Foreign Trade.

Trademark categories in Brazil are divided into the following classes:

Note: Other types of trademarks can be found in commerce, such as scent marks or sound marks. However, these types of marks are not yet agreed to be protected by INPI. The only way to protect these marks in Brazil is through legal action based on unfair competition.

Necessary documents for trademark registration in Brazil

When filing a trademark application, the applicant will need to prepare the following necessary documents for trademark registration in Brazil:

When filing a trademark application in Brazil, businesses need to prepare comprehensive and accurate documents in order to have a smooth registration process.

Optional procedure before filing a trademark registration in Brazil

In addition to the documents that businesses need to prepare above, one of the optional but extremely necessary procedures is to conduct a trademark search before filing an application in Brazil.

Obviously, trademark search is not obliged but is necessary, especially for businesses and individuals that have international trade relationships or have high competition in the market.

Performing a trademark search will have results after 10 to 12 days. This result will help businesses assess how much the protection ability of the mark intends to register is. The trademark search will help businesses reduce risks and save time and effort when registering trademarks in Brazil.

Important notes in trademark registration in Brazil

Enterprises can conduct trademark registration through an intellectual property representative so that the exclusive protection can be more effective and successful. When applying for trademark registration, there are many important notes businesses need to understand, include:

Filing a trademark application in Brazil

The fact that Brazil joins the Madrid Protocol on October 2, 2019, is an opportunity for individuals or businesses to protect their trademark in the Brazilian market in one of two ways:

Note: Brazil has declared to send WIPO a separate fee (individual fee) at CHF 293/brand/class, but the first request is CHF 105 and the second request when the trademark is approved for protection is CHF 188.

National registration

The trademark registration process in Brazil through the filing of a national application can be summed up as follows:

International registration

Legal issues that need special attention when filing an international application in Brazil are:

You can see a list of Brazil IP firms here.

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