How To Register A Trademark In Brazil
Create a name and a logo for your startup.
How to register a trademark in brazil. Check out a step by step of what should be done. Understand how to register a trademark in brazil. 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. A trademark can only be registered if it is directly relevant to the business nature or activities. If your trademark is available our brazilian attorneys will file and process your trademark registration in brazil.
Use requirement if the brazilian trademark has not been used within five years after grant it may be subject to cancellation. The information to submit is similar to that of the online application. Trademarks began to be registered in brazil in 19th century due to a case of plagiarism and legal dispute that occurred in 1873. The process looks longer and more complicated than you first can imagine but we will try to make it as simple as possible. The overall calculated fee for an in person procedure to register your trademark in brazil is us 432 29.
This includes the payment for the certificate if the trademark is granted. Free trademark search tool in brazil. There was a tobacco company from bahia named méuron cia. The trademark registration process in brazil takes approximately 18 months from filing up to registration provided that there are no office actions. As we explained before create a singular trademark for the business field you intend to explore.
An opposition may be filed within 60 days from publication. For foreign entities it is necessary to have a legal representative in brazil to undertake the trademark registration process. The applicant has 60 days to file a not mandatory reply to the opposition. Only the trademark registered before inpi brazilian patent and trademark office guarantees the ownership and its exclusive use in the brazilian territory. The registration at inpi guarantees accessing legal protection in brazil for trademarks.
The payment for the certificate is only incurred once the trademark has been granted. 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 trademark is valid per 10 years. 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. Registering a trademark in brazil is easier than you might think.