Trademark Registration in Brazil

Q: Multi-class application

Multi-class system has NOT yet been applied in Brazil, so each class is a single/individual application if the application is filed directly in BRPTO. On the other hand, similar to many jurisdictions, Brazil allows applicants to file a single application to protect their mark across multiple classes of goods or services, when designated via the Madrid Protocol . This simplifies the process and potentially reduces costs, although separate filing fees apply for each class included.

As the largest economy in the Latin America Region and a key member of BRICS, Brazil is a thriving market with a growing economy, making it an attractive destination for businesses seeking to expand their global presence. Registering a trademark in Brazil allows businesses to enjoy brand recognition and legal protection in the region. This article will provide an overview of the process for trademark registration in Brazil and highlight some key aspects of the system.

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Brazil Trademark Registration Process

The expected timeframe for completing a straightforward application is approximately 12 to 18 months.

1. Trademark Search

Before initiating the trademark registration process, conducting a comprehensive trademark search is crucial to assess the availability of the mark. This search helps identify existing trademarks that might conflict with the proposed mark. The Brazilian National Institute of Industrial Property (INPI) provides an online database, allowing applicants to conduct preliminary searches.

2. Application

Once the trademark search confirms the availability of the mark, the next step is to file a trademark application with the INPI on its online platform called “e-Marcas” and pay the Union Collection Guide (GRU). The application should include the applicant’s name and address, a clear representation of the mark, a description of the goods or services associated with the mark, and the filing fee. A digital power of attorney with a simple signature is enough to file the request.

3. Procedural Examination

After the application is filed, the INPI will review it to see if all the required information have been provided and if there is any deficiency.

4. Substantive Examination

If the INPI approves the application, it will publish the mark, allowing third parties to oppose its registration within 60 days. Oppositions may arise if any party considers that his existing rights are being infringed upon by the mark.

5. Publication and Opposition

If no oppositions are filed or successfully resolved, the INPI will conduct an examination to assess the distinctiveness and potential conflicts of the mark. This examination includes reviewing existing trademarks and determining if the mark meets the criteria for registration.

6. Registration and Renewal

If no oppositions are filed or successfully resolved, and the mark meets all requirements, the INPI will grant registration. Upon payment of the registration fee, the applicant will then receive a certificate of registration, granting exclusive rights to use the mark in connection with the specified goods or services.

7. Renewal

Brazil trademark registration is valid for 10 years from the date of grant and can be renewed indefinitely by filing the appropriate renewal documents with the INPI.

Brazil Trademark Registration Key Features

Portuguese as official filing language

Brazil trademark applications must be filed in the Portuguese language. In the event that any supporting document is not in Portuguese, it is mandatory to provide its translated version (simple translation) for submission. To ensure the precision and proper conveyance of the original document's intended meaning so as to protect your trademark rights in Brazil, it is crucial to exercise diligence during the translation process.

First-to-file system

Brazil adopts a "first-to-file" system, meaning that the first person or entity to file a trademark application for a specific mark will have priority over the others. It is essential to promptly file an application to secure rights to a mark in Brazil.

Multi-class application

Multi-class system has NOT yet been applied in Brazil, so each class is a single/individual application if the application is filed directly in BRPTO. On the other hand, similar to many jurisdictions, Brazil allows applicants to file a single application to protect their mark across multiple classes of goods or services, when designated via the Madrid Protocol. This simplifies the process and potentially reduces costs, although separate filing fees apply for each class included.

No series mark

Under the Brazilian system, it is not possible to register series marks. Each variation, if deemed significant, needs to be filed as a separate application. This approach will lead to an increase in the overall cost as application fees will be required for each individual mark.
Trademark registration in Brazil provides valuable safeguards and benefits for businesses seeking to establish and protect their brands in the region. Familiarizing oneself with the registration process and key features can help applicants navigate the system effectively and secure their trademark rights.

Please note that the information presented in this article offers a broad introduction, and it is recommended to seek guidance from Trasomark or a trustworthy trademark agent to receive comprehensive assistance concerning trademark registration in Brazil.

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