Brazil Trademark registration
In Brazil the legal basis is the new Industrial Property Law, in force since May 15th, 1997. Trademark protection is obtained by registration. But there are exceptions, as prior foreign registration for well-known marks in the same field which are similar, imitations or translation of a national application, can annul the registered trademark in Brazil, according to Article 6 Bis, Paris Convention.
A trademark application has to be filed before the Patent Office (BPTO) by a local agent. Foreign applicants do not need a domestic registration. However a domestic application is needed if the foreign applicants wish the file an opposition or court action against a domestic registration. If a foreign applicant doesn’t have a domestic application, he will have protection and he can file an opposition, but he will have to apply for the trademark in Brazil within 60 days after the opposition, according to Article 158, §2º, of Industrial Property Law.
The application process includes a formal examination and an examination of distinctiveness, and a search for prior trademarks. It takes approximately 3 years from the first filing to registration or first office action. After the trademark application is published approx. 3 months after the application date in the weekly “Revista da Propriedade Industrial”. The opposition period is 60 days from publication date of the application.
A trademark registration in Brazil is valid for 10 years from the granting date and has protection since the application/filing date. The registration is renewable for periods of 10 years.
NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.
Duly note, if the trademark has not been used within 5 years from registration, it may be subject to cancellation. Subsequent use of the trademark can restore protection if no third party has applied for an identical or similar trademark in the meantime and if no party has requested cancellation due to non-use.