::Camelier Propriedade Intelectual::

Under Brazilian legislation, a trademark is any visually perceptible and distinctive sign not prohibited by law that is designed to identify, certify, and distinguish products and services from others of diverse origin within the same branch of activity.

What cannot be registered as a trademark?

Sounds, tastes, and smells, or trademarks comprising expressions necessary to everyday or common usage, when there is a relationship with the product or the service which is to be distinguished. Also not to be registered as trademarks are the following: official, public, national, foreign, or international coats of arms, escutcheons, medals, flags, emblems, badges, or monuments, or their names, figures or imitations of them, or coins. Signs contrary to accepted principles of morality and decency, or imitations or reproductions of trademarks already registered, cannot be registered either.

When may a trademark be considered deceptive?

A trademark is considered deceptive if it indicates particular qualities or a certain origin of products or services that are not true, deceiving the consumer.

What are the different types of trademarks?

Product, service, certification, and collective trademarks. Product or service trademarks are used to distinguish products or services from identical or similar ones of different origin. Certification trademarks are used to show that a product or service complies with certain technical standards or specifications. Collective trademarks are used to identify products or services originating from members of a certain entity.

What are the different types of trademark presentations?

Nominal; figurative (logo); mixed (name plus logo) and three-dimensional.

Why register a trademark?

To ensure its holder exclusive use throughout the country, and prevent third parties, even in good faith, from using identical or similar trademarks to distinguish products or services in the same branch of activity. Current industrial property legislation allows the trademark holder to take judicial measures in both civil and criminal courts, to ensure exclusive use of the trademark, as well as its substantial integrity or reputation, thus preventing unfair competition. Trademarks create a relationship of confidence with the consumer, and link the image of the company to the quality of the products or services.

Who can apply for a trademark?

Pursuant to Article 128 of the Industrial Property Law, individuals or legal entities may apply for trademarks only for activities that they carry out lawfully and effectively, directly or indirectly. For instance, a company that makes and sells clothing may not apply for a food trademark.

Why is advisable to conduct a search for anticipation prior to applying for registration of a trademark?

The anticipation search is the most important step in registering a trademark. Depending on the result of the search, a businessman can feel confident in deciding whether or not to proceed with investments related to the proposed trademark.

What are the steps to register a trademark?

Firstly, a meticulous anticipation search is required to check the feasibility of registering the intended trademark. Then the formal aspects are checked, including most importantly whether the applicant may legitimately apply for registration of the trademark for the activities concerned. Finally, an application for trademark registration is filed with the BPTO (local acronym INPI), and proceedings continue there.

Which agency are trademarks registered with?

Brazil’s National Industrial Property Institute (local acronym INPI) is the federal agency equivalent to the U.S. Patent and Trademark Office, and is charged with receiving and processing applications for the registration of trademarks, industrial design, and patents.

How long does the process of registering a trademark take?

The INPI (the Brazilian Patent and Trademark Office) is currently taking an average of 36 months from the date of filing an application to grant registration. If a third party submits an opposition, challenging the proposed trademark registration, the process may take up to 50 months.

What is the period of validity of a trademark?

A trademark registration is valid for 10 years, starting on the date registration is granted, and may be renewed for equal and successive periods of time. The application for renewal must be made during the last year the registration is valid, and payment of the corresponding fee must be proved.

Also sees

INTELLECTUAL PROPERTY

TRADEMARK

PATENT

INDUSTRIAL DESIGN