TM Registration in Brazil (Part 1)

The two main laws regulating TMs in Brazil are the Constitution & BIPL. The Federal Republic of Brazil is a signatory to the PCPIP, TRIPS & Madrid Protocol; hence, protecting a TM in the Republic of Brazil requires intimate familiarity with each of these agreements

Regulators

Founded in the year 1970, BPTO is a government agency charged with registration of TMs in the Republic of Brazil. BPTO’s scope of competence also extends to TT agreements, patents, geographical indications, industrial designs & computer software.

Eligibility Criteria for Applicants

Both individuals & legal personalities can apply for TM registration in the Federal Republic of Brazil. However, individuals can only register TMs that fall within the scope of their professional duties.

Eligibility Criteria for TMs

The main eligibility criteria for a TM is visible perceptibility & distinctiveness; also, a TM mustn’t violate any rules or regulations. Registering collective TMs in the Republic of Brazil is permitted, too. Unconventional TMs (e.g. smells, sounds & tastes) can’t be provided with  TM protection in the Federal Republic of Brazil; however, 3D TMs, i.e. the ones that are also considered unconventional, have been assured protection since BIPL’s adoption.

Non-Registered TMs

Owning a TM requires being registered. Once registered, TM owners can use their TMs throughout the entire territory of Brazil. Pursuant to BIPL, protection is also provided to owners of non-registered TMs. Regardless of whether they were previously registered or not, well-known TMs are provided special protection, too. Registration of a TM in the Republic of Brazil can be rejected if a TM replicates or mimics well-known TMs.

Advantages of Registration

As mentioned above, acquiring TM ownership in the Republic of Brazil requires registration. After registering a TM, its owner can use it throughout the entire territory of Brazil.

Documents

The BIPL requires all applications to contain visual presentation of TMs. Filing applications electronically is permitted, too. Searching TM databases is possible but not required. In case applicants reside in the Republic of Brazil, they can file an application with the BPTO. In case applicants reside abroad, they must find somebody who will do that on their behalf by using a PoA. Upon payment of an official fee, applicants must register online & fill out a special application form. On average, processing an application takes thirty months.