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
click to enlarge

WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES

Contracting Party of the Madrid 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. The cancellation can be requested if the trademark has not been used for a time period of 5 years, counting from the date of registration. (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.