TRADEMARKS

BRAZIL

GDP: $1,869 TRILLION
IMPORTS: $261,660 BILLION
POPULATION: 209,469,333
TOTAL AREA: 8,515,767 KM2
CURRENCY: BRAZILIAN REAL (R$) (BRL)
OFFICIAL LANGUAGES: PORTUGUESE

WIPO-administered Treaties:

Contracting Party of the Paris Convention: YES.

Contracting Party of the Madrid System: YES.*

* Brazil can only be designated in IR marks filed after 2 October 2019

Patent Prosecution Highway:

Trade Mark Law in force:

Industrial Property Law No. 9279/1996.

Classification:

Nice classification, 11th edition

Multiclass Applications:

Possible for IR trade marks

Not possible for national trade marks

Registrable trade marks:

Words, names, acronyms, letters, numbers, devices, combination of colours, three-dimensional forms and any combination of the aforementioned signs.

Non-traditional trade marks, 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 legalisation and no notarisation required) within 60 days from filing date.

• Scanned copy of the 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. Cancellation can be requested if the trade mark has not been used for 5 years, counting from the registration date. Partial cancellation action is possible.

Renewal terms:

1 year prior to the renewal date.

Grace period: 6 months.

Link to Trade Mark Office:

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

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