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Watching out your trademarks
Trademarks.
Documents required by INPI-Brazil (National Institute of Industrial Property).
- Power of Attorney (Notarization or legalization not required);
- Full Name and address of Applicant;
- List of goods or services related to the trademark;
- Logo (if any); In Brazil, it’s possible to protect nominative, name and design, figurative or three-dimensional trademarks.
- Official copy of priority document (if applicable) translated into Portuguese.
Timeframe for Analysis
On average, it takes from 6 to 10 months for each application to be analyzed by INPI-Brazil. 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. After that, the BPTO will examine the trademark application for its acceptance or rejection.
The Office examines both formal criteria (data and documents), as well as legal criteria (e.g. previous trademarks), thus in addition to be registrable, the trademark must be available and not infringe LPI – Brazilian Industrial Property Law.
In case of extraordinary situations such as office actions, oppositions or rejections, a longer period of analysis is expected (about 4 years).
Validity
Trademarks in Brazil are valid for 10 years following the date of granting, and it may be renewed 12 months before the end of its term. There is a grace period of 6 months after the deadline for renewal, upon payment of an additional fee.
Trademark search
We can perform word trademark searches and send you a report on the availability of it for registration. Click here and request your search.
Trademark Surveillance
Unlike some countries, INPI-Brazil first publishes the request for third party knowledge and subsequently makes the application exam.
We perform the monitoring of trademarks, and we inform you about the decisions published by INPI-Brazil (reports in English), and about publications related to third-parties trademarks similar to our client’s marks.
International Registration (Madrid Protocol)
INPI-Brazil still doesn’t accept the multi-class system for direct filings, thus each application is filed in only one class only.
Since October/2019, it is possible to perform the Registration of Trademarks through Madrid Protocol in Brazil, however, as it is known, it is necessary to have a local Representative for performing services such as oppositions, responses to office actions, appeals, and others.
Co-ownership is allowed in the country; however, we kindly suggest verifying the Article 135 of Brazilian IP Law in the filing of trademarks and in the assignment of trademarks.
Brazil subsequent designation will not be allowed for existing registrations (requested before October 2019).
