Brazil - TM Registration (Part 2)

In the first part, we’ve looked into the basics of registering a TM in the Federal Republic Brazil. Here, we’re going to be focusing on a TM registration procedure in the Republic of Brazil.

Classifying TMs

The Federal Republic of Brazil began implementing the NCL back in 2000. Prior to that, it had its own classification system; hence, all TM applications submitted before 2000 were to be classified pursuant to internationally accepted classification criteria. It should also be kept in mind that Brazilian legislation disallows multiple classes of TMs.

Procedural Steps

After an applicant submits an application, it’s published in an official newspaper so that interested parties could submit an objection within sixty days. Should an objection be filed, a notification must be sent to an applicant within sixty days. Upon expiration of the term for submitting an objection to TM registration in the Federal Republic of Brazil, an investigation is launched & possible conflicts with older TMs addressed. After an investigation is completed, a decision on approving or rejecting an application is made. If their application is rejected, an applicant has two months to submit an appeal to the BPTO.

Denoting Registration

The following abbreviations & symbols can be used to denote TM registration: the ™ mark, MR & the ® symbol. Misusing them may be deemed unconscientious competition & deceptive advertising .

Appealing Refusal

Filing an appeal for TM registration refusal in the Republic of Brazil can be done within sixty days. There;’s a 60-day period within which appeals can be contested; appeals can be challenged by 3rd parties having a legitimate interest. Cancellation of refusal is followed by an automatic publication of an appeal & initiation of a procedure under which applicants must pay a special fee.

Validity

The term of validity of registration is ten years & it may be prolonged. Prolonging registration requires submitting a request before expiration of a registration deadline & providing proof of pf paying an applicable fee. If a registrant fails to submit a request prior to expiration of a registration period, they submit it within the following half year after paying a special fee.

Cancellation

Submitting an application to the BPTO is required for opting out of registering a TM in the Federal Republic of Brazil. If an authorized representative submits such an application, they must have a PoA empowering them to refuse registration. Either full or partial registration is envisaged; applications may be submitted at any point in time following submission of an application for TM registration in the Republic of Brazil.

IP

Meeting the protection criteria (e.g. copyright) set by another institution doesn’t create any legal obstacles. Registered TMs can be protected online & offline. If the .br domain name includes a registered TM, there’s a particular procedure for contesting its use. It’s initiated with Registro.br, an agency responsible for registering & maintaining domain names ending in .br.