Trademark Opposition in Brazil

Trademark Opposition Procedure in Brazil

Trademark opposition in Brazil is governed under Article 158 to 160 of Law on Industrial Property. The concerned authority is INPI (Instituto Nacional da Propriedade Industrial).

1.      Filing Notice of Opposition – Any interested party may file a notice of opposition against a trademark within a period of 60 days from its publication. The notice must be submitted in writing accompanied by all the necessary evidence.  

2.      Filing of Counterstatement – Once the INPI has informed the applicant about the notice of opposition, the applicant may submit their counter statement within a period of 60 days.

3.      Examination – Once the period of opposition or counterstatement has passed, examination will be conducted by INPI and a notification will be issued accordingly. A response must be submitted by the applicant within a period of 60 days. If no response is filed, the application will be deemed abandoned.

4.      Order – Once the examination is concluded, a decision will be issued accepting or rejecting the application.  

Appeal to decision of the Opposition

Any party may file an appeal to the BPTO President within a period of 60 days.

For more information on trademark opposition in Brazil, please write to us at foreign.opp@ssrana.com