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Brazil Trademark Registration 

 
Attorneys - Brazil
 
Welcome:

My name is Mariana Coelho and I'm the representative Attorney in Brazil.

I'll be personally in charge of your trademark registration process.
 
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A trademark attorney will process your trademark registration in Brazil through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

 
Trademark Registration Certificate   Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.
Step 3 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 30 months, if no objections or oppositions arise.

     

  • If I register my trademark in Brazil, do I have protection in other territories?

    No. A registered trademark is protected only in Brazil.

  • Do I need to sign a Power of Attorney?

    Yes. All applicants are required to submit a power of attorney.

  • 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.”

  • 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.

  • 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
  • What are the phases of application after a trademark has been filed in Brazil?

    There are three phases of a trademark application in Brazil:

    1. Publication – Filing particulars are published online: mark, applicant’s name, country, application date, good/service, representation, etc.
    2. Examination – The application is examined in respect to: classification, formalities, descriptiveness, clarity, deceptiveness, conflict with an earlier right
    3. Registration – The trademark is officially registered once opposition is settled
  • 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
  • Does Brazil use the "Nice Classification" system?

    Yes. The Nice Classification system is followed in Brazil.

  • Does the Community Trademark apply for Brazil?

    Because Brazil is not a European Union member, the Community Trademark is not effective in this jurisdiction.

  • 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
  • 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.

  • 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.

  • 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.

  • 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

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