Brazil Trademark Registration

Our Trademark Attorneys in Brazil will assist you throughout the Trademark Registration Process outlined below. Please notice that each step can be ordered independently:

Trademark Comprehensive Study

Step 1

Trademark Comprehensive Study

A report which includes a search of similar and identical trademarks along with our attorneys’ expert opinion about the registration probabilities of your trademark in Brazil. This report is optional but highly recommended since it allows you to rule out any possible objections to your trademark in advance.

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Trademark Registration Request

Step 2

Trademark Registration Request

The filing and processing of the Trademark Registration Request before the Brazilian Trademark Office, according to the legal procedures and requirements of this country with the objective of obtaining ownership of the trademark. Once we file the trademark we will send you a scanned copy of the filed application.

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Trademark Registration Certificate

Step 3

Trademark Registration Certificate

Once your trademark is approved for registration, you will need to request the Trademark Registration Certificate.

The Trademark Registration Certificate provides proof of ownership of the trademark. This service also includes our Trademark Watch service for ten years. The Watch service detects any conflicting trademark applications and informs you of potential infringements, thereby giving you the opportunity to file an opposition.

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  1. Is registration of a trademark mandatory?

    Registration is not compulsory, but it is advisable. Trademark rights depend upon ownership of a registration and, the legal benefits of registration may not be available otherwise.

  2. Which Intellectual Property rights are registrable?

    Any symbol that can be graphically reproduced and is capable of distinguishing the goods or services of one person from another, provided they are not prohibited by law. This includes, among others words, names, logos or labels, some three-dimensional shapes and colors.

  3. Can a trademark be registered for covering a commercial establishment which activity is focused in selling goods to consumers, for example retail stores? If so, how is the registration procedure? Are there any special requirements for it?

    No. Retail and like services are not registrable with the Trademark Office, they are registered with each State's Commerce Board.

  4. Is there any advantage in using a trademark before filing an application?

    No, in fact it is risky because rights over a mark belong to whom first applies for its registration. Nevertheless, if the mark has been in use in Brazil for at least six months prior to the date of filing a conflicting application filed by a third party, this prior use can be cited as grounds for a claim to a “right of precedence.” This is an exception to the first-to-file principle.

  5. How long does the registration process take?

    In the absence of objections and oppositions, the registration process takes approximately between 5 to 6 years.

  6. Is there any requirement of use for registered trademarks? If so, what happens in case it is not used?

    A trademark mark must be used within five years of the registration date or the registration will become vulnerable to cancellation for nonuse. However, use after the five-year term may cure nonuse, provided that in the interim no third party has filed for or registered an identical or similar mark or has started an action for cancellation for nonuse.

  7. In the case of a registered mixed trademark (word + logo), is it possible to include in the logo, different or additional words from those mentioned in the word mark?

    It is possible to use them separately only if you have registered them separately.

  8. How can I know which is the due date for the renewal of a registered trademark?

    The term/renewal date of a registration is 10 years from the registration grant date.

  9. When should I pay the renewal fee of my registered trademark?

    A renewal must be filed during the twelve month period expiring with the renewal date.

  10. Is it possible to pay the renewal fee of a patent after the renewal due date has expired? If so, when should I pay?

    It is possible to renew for six months after the renewal date with payment of a fine.

  11. What documents are required for filing a trademark or renewal application?

    A power of attorney (authorization form) executed by the proprietor and a declaration with a description of the applicant's business activities are required for renewal.

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