How To Register A Trademark In Brazil

Only the trademark registered before inpi brazilian patent and trademark office guarantees the ownership and its exclusive use in the brazilian territory.

How to register a trademark in brazil. Trademarks began to be registered in brazil in 19th century due to a case of plagiarism and legal dispute that occurred in 1873. Check out a step by step of what should be done. The registration at inpi guarantees accessing legal protection in brazil for trademarks. Trademark filing and registration of a trademark in brazil once the application has been filed it will be submitted to a preliminary formal examination and then it is published for opposition purposes. The process looks longer and more complicated than you first can imagine but we will try to make it as simple as possible.

If you do not register your trademark in brazil other companies may do it first and as brazil follows the first to file system it will be more expensive and harder to try to cancel third parties. Do i need to use my trademark name for registration. As we explained before create a singular trademark for the business field you intend to explore. If your trademark is available our brazilian attorneys will file and process your trademark registration in brazil. For foreign entities it is necessary to have a legal representative in brazil to undertake the trademark registration process.

This includes the payment for the certificate if the trademark is granted. Free trademark search tool in brazil. To trademark your name in brazil as in the rest of latin america you will need to file and obtain a local trademark registration. Create a name and a logo for your startup. It was the first one in this sector and had a product called rapé area preta.

An opposition may be filed within 60 days from publication. It is important to emphasize that once granted a trademark registration remains in force for ten years and this period can be extended for successive equal periods indefinitely as long as there is an interest in maintaining the trademark ownership. The information to submit is similar to that of the online application. The trademark registration process in brazil takes approximately 18 months from filing up to registration provided that there are no office actions. The applicant has 60 days to file a not mandatory reply to the opposition.

A trademark can only be registered if it is directly relevant to the business nature or activities. The trademark is valid per 10 years. The overall calculated fee for an in person procedure to register your trademark in brazil is us 432 29. Registering a trademark in brazil is easier than you might think. Use requirement if the brazilian trademark has not been used within five years after grant it may be subject to cancellation.