Brazilian PTO is conducting a public consultation concerning the position marks registration in Brazil. The publication of this consultation was made on April 13th, 2021, in the Brazilian Industrial Property Magazine no. 2623 and in the Union Official Journal. Learn more about the main topics on this subject:
Why could this type of mark be allowed in Brazil?
Currently, word marks, name & device marks, figurative marks, and three-dimensional marks are accepted in Brazil, however, the Brazilian Law (Art. 122 of IP Law) provides that distinctive visually perceptible signs, that are not include in legal prohibitions, are registered as trademarks in Brazil.
How can this sign be?
A sign applied/positioned to an object can be composed of words, letters, figures, ideograms, symbols, drawings, images, figures, colors, patterns, shapes, or a combination of these elements.
Goods and services must be compatible with the mark image, if they are not, they will be excluded by the Brazilian PTO.
The mark must be distinctive, that is, the set formed by the application of the sign must result in a set capable of identifying the business origin and distinguishing goods or services from identical, alike, or similar ones.
Remark: The set formed by the application of one or more signs in different positions on an object will not be registered as a position mark.
According to the Brazilian PTO, as soon as the Technical Note starts to be valid, it will apply to requests that are pending examination by the Office, so, if it understands that a mark fits as a “position mark”, it may raise an Office Action.
After the replies to public consultation are received, the Office will present its answers and the definitive texts of the examination guidelines and the Normative Act. Therefore, this type of mark cannot yet be registered in Brazil.
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