Trademarks Law in Brazil
Brazil's trademark law is governed by Law No. 9,279/96, known as the Industrial Property Law (Lei da Propriedade Industrial). This comprehensive legislation, enacted on May 14, 1996, establishes the legal framework for the protection of industrial property rights in Brazil, including trademarks, patents, industrial designs, and geographical indications.
📌 Key Features of Brazil's Trademark Law
1. Definition and Scope
A trademark in Brazil is defined as any visually perceptible distinctive sign that identifies and distinguishes goods or services. This encompasses various types of marks, including:
Nominative Marks: Consisting solely of words or letters.
Figurative Marks: Comprising logos, designs, or images.
Combined Marks: A combination of words and designs.
Three-Dimensional Marks: Distinctive shapes or packaging.
The law ensures that registered trademarks grant their holders exclusive rights to use the mark throughout Brazil within their specific field of economic activity.
2. Registration Process
The process for registering a trademark in Brazil involves several steps:
Feasibility Search: Conduct a search in the National Institute of Industrial Property (INPI) database to ensure the desired trademark is not already registered or too similar to existing marks.
Application Submission: File the application through the INPI's online platform, e-Marcas. The application must include:
A clear representation of the trademark.
A list of goods or services associated with the mark, classified according to the Nice Classification.
The applicant's details.
Examination: INPI conducts a formal examination to verify compliance with legal requirements
Publication and Opposition: The application is published in the Industrial Property Journal (Revista da Propriedade Industrial), allowing third parties a 60-day period to oppose the registration.
Granting of Registration: If no opposition is filed or if any opposition is resolved in favor of the applicant, INPI grants the trademark registration.
The entire process typically takes between 12 to 36 months, depending on factors such as the complexity of the application and the presence of oppositions.
3. Duration and Renewal
Trademark registrations in Brazil are valid for 10 years from the granting date. They can be renewed indefinitely for successive 10-year periods, provided that the renewal application is submitted within the appropriate timeframe. Renewals must be requested during the last year of the registration's validity, with a grace period of 6 months after the expiration date, subject to an additional fee.
4. Use Requirement
Brazil operates under a "first-to-file" system, meaning that the first party to file a trademark application has the exclusive rights to the mark, regardless of actual use. However, if a trademark is not used for 5 consecutive years, it may be subject to cancellation due to non-use.
5. International Protection: Madrid Protocol
Since October 2, 2019, Brazil has been a member of the Madrid Protocol, administered by the World Intellectual Property Organization (WIPO). This allows Brazilian applicants to seek trademark protection in multiple countries through a single application, and foreign applicants can designate Brazil in their international applications. Brazil acts as both an Office of Origin and a Designated Office under the Madrid System.
✅ Practical Tips for Trademark Applicants in Brazil
Conduct a Prior Art Search: Before filing, perform a thorough search to identify any existing trademarks that may conflict with your desired mark.
Classify Goods and Services Carefully: Ensure that your goods or services are correctly classified according to the Nice Classification, as trademarks in Brazil are registered in individual classes.
Monitor Application Progress: Regularly check the status of your application through the INPI's online system to stay informed about any developments or required actions.
Consider Language and Cultural Factors: Since Portuguese is the official language, consider registering the Portuguese version of your trademark to enhance protection.
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