FAQs on Trademark laws in Brazil
List of Trademark laws in Brazil
What is the relevant Trademark Authority in Brazil?
The relevant trademark authority that processes trademark application is the Brazilian Trademark and Patent Office (BPTO).
What is the process for trademark registration in Brazil?
Once a trademark is filed with the BPTO, the BPTO assigns a serial number and performs a formality check. If trademark application confirms the minimum filing requirements, then the same is published for opposition with a period of approximately 4-5 weeks from the date of filing.
Once published the mark is open for objection/opposition by third parties for a period of 60 days from the date of publication.
Can an extension be filed for filing objection/opposition?
No, Brazilian Trademark Law does not allow any extension for the period within which objection/opposition can be filed against registration of a trademark.
The applicant after receipt of objection/notice of opposition has to file response within a non-extendable period of 60 days from the date of receipt of objection/opposition.
When is trademark examined by BPTO?
Unlike other jurisdictions, in Brazil, a trademark is examined by the BPTO on the absolute and relative grounds for refusal only after completion of the opposition deadline.
Can a multiclass trademark application be filed in Brazil?
A multiclass trademark application cannot be filed in Brazil. As of now only single class applications are allowed.
Is Brazil part of Madrid protocol for trademark application?
No, till date Brail is not a part of the Madrid Protocol. However, in view of recent developments it is anticipated that Brazil will become a Madrid Protocol for trademark application by the end of 2019.
On what grounds can a trademark be objected or refused in Brazil?
A trademark is likely to be objected in Brazil, if they are:
Descriptive and generic marks which designate the character of goods and services of the proprietor;
Marks that are identical or similar and intended to identify similar or related goods and services which may cause confusion or association with the other person’s mark.
Does a trademark get published in the trademark journal in Brazil?
BPTO publishes a trademark for objection/opposition by third party after confirming that all the minimum filing requirements have been fulfilled.
What is the period for filing a notice of opposition or opposing a trademark in Brazil?
Non-extendable period of 60 days from the date of publication of the mark.
How much time does it take for a trademark to get registered in Brazil?
It takes approximately 15-18 months for a trademark to get registered in Brazil.
What is the term for which a trademark is registered in Brazil?
A trademark is registered in Brazil for a period of 10 years from the date of registration and is renewable after every 10 years.
Can a priority trademark application be field in Brazil?
Yes, a priority trademark application can be filed in Brazil and priority is to be claimed at the time of filing the application only.
What is the fee to file a trademark application in Brazil?
The official fee for filing a trademark in Brazil is approximately USD138.33 in one class.
Can 3D marks be registered as trademark in Brazil?
Yes, Brazilian Trademark Law recognizes registration of certain three-dimensional shapes.
Are non-traditional marks like sound, colour or combination of colours registered as trademark in Brazil?
Composite and 3-D marks are allowed for trademark registration in Brail. However, non-traditional marks like sound marks, motion marks, scent marks are not allowed in Brazil at present. Registration of colour or colour names is also prohibited in Brazil unless they are represented in a unique and distinctive manner.
Are well-known trademarks recognized in Brazil?
Yes, the Brazilian Industrial Property Law recognizes well-known marks in addition to highly renowned marks. Well-known marks do not require any statutory registration and are protected against infringement by third parties.
Is there a provision to file trademarks online in Brazil?
Yes, a trademark can be filed electronically in Brazil.
What are the documents required for filing a trademark application in Brazil?
The documents required for filing a trademark application in Brazil are:
- Specification of goods or services
- Priority documents if priority is being claimed
- POA (Power of Attorney)
Please note that the priority documents and POA can be later if a supplemental deadline to submit the documents is requested at the time of filing application.
Can a trademark be cancelled in Brazil?
Yes, a trademark can be cancelled in Brazil on the grounds of non-use.
What are the conditions for cancellation of a trademark in Brazil?
Cancellation based on non-use can be commenced by filing request for cancellation on a specific form by an interested/aggrieved third party.
The cancellation proceedings can be initiated from the fifth year of registration of the mark.
Under what nice classification can a trademark be field in Brazil?
The 11th edition of the Nice Classification has been in force in Brazil since 1 January 2017.
Is there a requirement for showing proof of use while filing a trademark application in Brazil?
No, a trademark in Brazil can be filed on “intent to use” basis.