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Trademarks.
Trademarks in Brazil are valid for 10 years following the date of grant, and they may be renewed 12 months before the end of their term. There is a grace period of 6 months after the deadline for renewal, upon payment of an additional fee.
It is important to mention that the 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 general public and to start the Opposition period.
Patents.
On average, the analysis takes 11 years for invention patents and 7 years for utility models, however, INPI-Brazil offers priority exam procedures for speeding up the examination of the applications.
Learn more concerning substantive & technical examinations, oppositions, and annual fees.
Industrial Designs.
Considering that the grant of registration of a Design is based only on a formalities check, it is possible to request an additional examination (optional).
An Industrial Design can be valid for 25 years in Brazil, under legal conditions; therefore, it is necessary to pay all maintenance fees (quinquennial/every 5 years) to keep its validation in the country.
Copyrights.
In Brazil, it is possible to proceed with voluntary registrations which may help your clients to solve disputes that can be raised in the country.
A copyright is valid for 70 years from January 1st of the following year of the author’s death. In the case of multiple authors, such a period is counted from the death of the last surviving author.
Trademark Search
INPI-Brazil used to have its own Classification and, just in the year 2000, it solely adopted the Nice Classification. Therefore, some senior marks in some cases may present a specification for goods/services that do not match the International Classification. However, please note that they will be mentioned in our search when/whether considered “equivalent” in the International Classification.
Request a trademark by clicking here.
Softwares.
On average, it takes 10 days for Brazilian PTO to grant and issue the Software Registration Certificate since the registration is only based on formalities check. A Deed of Assignment will be necessary IF the applicant is not the Software original author (e.g.: when the applicant is a Company).
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