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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 8 months, if no objections or oppositions arise.
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If I register my trademark in Brazil, do I have protection in other territories?
No. A registered trademark is protected only in Brazil.
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Do I need to sign a Power of Attorney?
Yes. All applicants are required to submit a power of attorney.
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Are there any benefits from a pre-filing use of the trademark?
Prior use of a mark for a minimum of 6 months can be cited as a ground for claiming a “right of precedence.”
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Will there be problems in case I don’t use my trademark after registration?
Yes. Third parties may attack a registered trademark on the ground of non-use.
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What are the types of trademark that can be registered in Brazil?
The following marks are accepted for registration:
- Words
- Devices
- Names
- Some three-dimensional shapes
- Get-up or trade dress
- Colours
- Collective marks
- Well-known marks
- Certification marks
- Service marks
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What are the phases of application after a trademark has been filed in Brazil?
There are three phases of a trademark application in Brazil:
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Publication – Filing particulars are published online: mark, applicant’s name, country, application date, good/service, representation, etc.
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Examination – The application is examined in respect to: classification, formalities, descriptiveness, clarity, deceptiveness, conflict with an earlier right
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Registration – The trademark is officially registered once opposition is settled
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What type of trademark is not registrable?
Applicants may not register the following marks:
- Marks that contradict principles or morality and public safety/order
- Generic words or terms
- Flags, names, or symbols of any state, nation, or international organization
- Marks that do not show distinctiveness
- Marks that are used primarily as a geographical name
- Marks with geographical indications
- Marks that are used as an advertising means
- Scientific, literary and artistic terms
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Does Brazil use the "Nice Classification" system?
Yes. The Nice Classification system is followed in Brazil.
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Does the Community Trademark apply for Brazil?
Because Brazil is not a European Union member, the Community Trademark is not effective in this jurisdiction.
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Is there any possibility to claim priority in Brazil?
It is possible to claim priority application in Brazil when:
- The applicant’s home country is a signatory of the Paris Convention
- The application in the home country was filed 6 months earlier than the application date in Brazil
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What do I need to do to satisfy the use requirement?
A registered trademark must be used 5 years from the date of registration or within 5 years prior to non-use attack. It must be used for a commercial purpose and must occur in the jurisdiction of Brazil.
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Once my trademark has been registered, for how many years will be valid?
A registered trademark in Brazil is valid for 10 years counting from the registration date.
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What will be the renewal date of my trademark?
The first renewal of a registered trademark will take place 10 years from the registration grant date.
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Is it legal to use my trademark even if it is not yet registered?
Unregistered marks may be used legally provided the following conditions are met:
- The mark is not prohibited by the Brazilian laws
- The mark is not in conflict with any notorious mark
- The mark is not contrary to Brazilian customs and principles of morality
- The mark is not offensive to religious beliefs
- The mark is not misleading with regards to its origin or nature