In Brazil, full trademark protection is only obtainable through trademark registration (The use of a mark in Brazil may give limited trademark protection under specific conditions). To register the mark, a trademark application needs to be filed before the Brazilian government trademark office (Instituto Nacional da Propriedade Industrial or INPI)”. An international applicant requires a local address for service or a local representative.
*Brazil is not a member of Madrid system. Therefore, an international trademark cannot be extended to Brazil.
For classification, Brazil trademark system has adopted the international classification (NICE classification) consisting of 45 classes of goods and services. However, a multi-class application is not allowed. Therefore, you need to file a separate application for each class.
According to two upcoming sports events; FIFA World cup 2014 and the Olympic Games 2016, which will be held in Brazil, the Brazil trademark is now in high demand and the delay in the registration process can be expected. It is, therefore, advisable to file a Brazil trademark application as soon as possible in order to receive the trademark protection before these big events.
When the authority receives a Brazil trademark application, the application will be published on the official website for opposition purpose. The opposition period lasts for 60 days from the publication date. During this period, any conflicting party may oppose the trademark application. If there is no successful opposition, or the opposition period is expired, the examination will be started. The Brazil authority will perform the examinations including the formality of the application, requirements under their trademark law (for example; descriptiveness, distinctiveness, deceptiveness) and also the search for prior registered mark.
In order to lower the risk of the application being opposed or refused, an applicant is in need of a good preparation before filing. The best way to prepare your trademark registration is to perform a search for prior trademark and seek for professional advice. The search will lower the risk of opposition and the refusal base on prior registered trademark, and the professional opinion will help you to fulfill the legal requirements.
In addition, a registered trademark must be used in Brazil. If it has not been used for 5 consecutive years, the trademark may be subject to cancelation.
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