Brazilian TM Office differs from other TM Offices around the world and the publication does not mean that Examination has been carried out. The publication by the Office aims to present the mark to the public and to start the Opposition period.
Remark 1: According to item 11.3.3.4 of Brazilian PTO Trademark Guidelines, oppositions will be only published at the Brazilian Industrial Property Official Gazette (RPI) and Brazilian PTO will not inform WIPO about them.
Remark 2: Right of preference* should be claimed in the Opposition, since according to the Brazilian PTO official position that right will be not accepted if it is claimed afterward.
Opposition is not a separate procedure; you have 60 days from the Notice of Publication to file an Opposition (written petition) against a trademark in the country. After the opposition is filed, the third party may (or not) respond to it, and Brazilian PTO will analyze the third party’s application and shall issue a decision (acceptance, suspension, or rejection).
The manifestation against the opposition is not mandatory, however, it is your chance to contest the counter party’s arguments, since if your trademark is refused, you will have just one opportunity to defend your application: An appeal. Therefore, if a trademark is refused, it is possible to file an appeal against the denial and the Brazilian TM Office will re-analyze the case issuing a new and final administrative decision. In other words, if the appeal is not accepted, the trademark will be definitively abandoned in Brazil.
Otherwise, if a trademark is granted, it will still be possible (if desirable) to file an administrative cancellation against the registration.
Do you have further questions? Please contact us at info@cnvbrazil.com.br
