BRAZIL

 

Brazil’s trademark registration laws are based on the recently enacted Industrial Property Law, which went into effect on May 15, 1997. Registration is required to acquire trademark protection. However, there are some exclusions. For example, Article 6 Bis of the Paris Convention states that a registered trademark in Brazil may be revoked in the event of a prior overseas registration for well-known marks in the same industry that are identical, imitations, or translations of a national application.

Requirements

A local agent is required to file a trademark application with the Patent Office (BPTO). A domestic registration is not required for foreign candidates. If international applicants want to register an opposition or take legal action against a domestic registration, they must submit a domestic application. According to Article 158, §2º of the Industrial Property Law, a foreign applicant who does not have a domestic application will have protection and may file an objection. However, he will need to register for the trademark in Brazil within 60 days of the opposition.

Procedure

A thorough examination, a distinctiveness assessment, and a search for previously registered trademarks are all part of the application procedure. From the first file to registration or the first office action, it takes about three years. The trademark application is published in the weekly “Revista da Propriedade Industrial” around three months from the application date, prior to registration. After the application’s publication date, there is a 60-day window for resistance.

Duration

In Brazil, a trademark registration is protected from the application/filing date for ten years after the date of granting. Ten-year renewal periods are available for the registration.

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