Brazil – Trademark Registration is valid in all the Brazilian Territory.
China – Trademark Registration is valid in China(mainland). The Chinese Trademark Registration is not valid in Hong Kong, Macau and Taiwan, since these territories have their own Trademark Offices.
Brazil – Government fees do not change, independent of the number of items (goods/services) in the specification.
China – Government fees are charged for each additional item (goods/services) in the specification exceeding 10 items.
PUBLICATION AND EXAM
Brazil – The Publication occurs on average 30 days after the filing receipt. Brazilian PTO 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 BTPO will examine the trademark application, which takes 9-12 months (delays are expected if Oppositions, Office Actions, Refusals, etc. are raised).
China – Publication occurs after the exam (approximately 3 months after the filing). Thus, a trademark published by Chinese Trademark Office will be allowed if no Opposition is filed by third-parties. The exam takes 12-18 months.
CLASS / ANALYSIS
Brazil – Brazilian PTO used to have its own Classification and, just in the year 2000, it adopted the Nice Classification. BPTO only analyzes similar trademarks filed in the same class to the trademark that is under examination, unless an Opposition is filed(in this case other classes will also be checked).
China – International Classes (Nice Classification) are divided in subclasses (Chinese system).
PERIOD FOR OPPOSITION AGAINST TRADEMARKS
Brazil – 60 days after the publication.
China – 3 months after the publication.
REVOCATION OF THE REGISTERED TRADEMARK (Non-Use Cancellation)
Brazil – Non-Use Cancellation may be requested after 5 (five) years from the grant of the registration. Non-Use Cancellation request shall be not accepted if the use of the challenged mark has been proved (or if the lack of the use has been justified) in a former procedure requested in the past 5 (five) years.
China – Non-Use Cancellation may be requested after 3 (three) years from the grant of the registration. Other Non-use Cancellation requests may be filed at any time / unlimited times.
TYPES OF TRADEMARKS
Brazil – Traditional trademarks only (only name, name & device, figurative and tridimensional trademarks).
China – Traditional and non-traditional trademarks. (Article 8 of Chinese Trademark Law: Any signs, including words, graphs, letters, numbers, three-dimensionalsymbols, color combinations, sound or anycombination thereof […]).