TM registration is an integral part of ensuring reliable brand protection. Each jurisdiction has its own requirements for the registration process, and so does Brasil. So, if you decide to start doing business in the Federal Republic of Brazil, we recommend that you pay close attention to what follows below.
Brazil: Registration of TMs
In the fall of 2019, the international TM registration system entered into force in Brazil. According to the new rules, filing an application for a TM registration in Brazil can take up to thirty days. If there is no objection to the application, verifying a trademark can take up to six months.
TM can be removed from the register if the copyright holder doesn’t renew it within the next ten years. If you are interested in registering a TM in Brazil, please note that a trademark can only be registered if it has a distinctive character.
The following TMs aren’t subject to registration:
- having descriptive or general features;
- consisting of a single letter, number or date (unless they are sufficiently distinctive).
Brazil has a priority filing system, which means that all applications are processed on the first-filed-first-processed basis.
Individuals that have used a trademark for no less than six months have the right to claim provisional rights in relation to a confusingly similar TM (pre-emptive registration rights); however, to be eligible for that, they must apply for registration of a TM in Brazil.
Brazil: Resolving TM Disputes
Anyone (i.e. natural persons or legal entities) can object to an application for registration of a TM in Brazil on absolute grounds. However, only owners of previously registered TMs can oppose an application on relative grounds. TM litigation in Brazil is conducted only in writing. Filing a claim for TM infringement in Brazil provides the plaintiff & defendant with only one opportunity to present their arguments & evidence.
If a TM hasn’t been used five years after registration, it can be revoked. Owners of TM rights will have to provide proof of using the TM within the previous five years in order to maintain TM registration in Brazil.
Need more information? Why not sign up for an individual consultation on trademark regulation in Brazil with IQ Decision UK?