TRADEMARKS

BRAZIL

GDP: $2.346 BILLION
IMPORTS: $241.4 BILLION
POPULATION: 206.1 MILLION
TOTAL AREA: 8,515,767 KM2
CURRENCY: REAL (R$)
OFFICIAL LANGUAGES: POTUGUESE
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WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES

Contracting Party of The Hague System: NO (expected to become a member on 2019)

Trademark Law in Force:

Industrial Property Law No. 9279/1996

Classification:

Nice classification, 11th edition

Multiclass Applications:

Not possible

Registrable Trademarks:

Words, names, acronyms, letters, numbers, devices, combination of colors, three-dimensional forms and any combination of the mentioned signs. Please note that non-traditional trademarks, such as, smell, sound, movement, holograms and gestures are not subject to registration in Brazil. However, they are not completely unprotected, as they can be defended through Unfair Competition legislation.

Formal filing requirements:

• Power of Attorney merely signed (no legalization and no notarization required) within 60 days from filing date.

• Copy of priority application and its translation into Portuguese within 120 days from filing

Examination:

Absolute grounds for refusal: YES

Relative grounds for refusal: YES

Opposition period:

60 days from publication date

Average time from filing to grant:

Approximately 3 years unless any obstacles were raised.

Term of protection:

10 years from the date of registration.

Use requirements:

YES. Any registration which is more than 5 years old may be challenged via a cancellation action for non-use (or forfeiture request), case in which the Registrant must submit evidence of effective use of the trademark as protected on the certificate of registration (or substantially displayed thereon) within the 5-year period that precedes the date of the forfeiture request, or must justify the non-use upon legitimate reasons. (Partial cancellation action possible)

Grace period for renewal:

6 months

Link to Trademark Office:

http://www.inpi.gov.br/

© 2019 Balder IP Law S.L. Todos los derechos reservados.