Brazil
Fees for registering Brazil trademarks
First class：
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Additional class：
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Renewal:
Service Process
Trademark registration time
The current trademark regulations in Brazil are mainly based on the Intellectual Property Law, which came into effect on May 15, 1997. The Brazilian Industrial Property Office is responsible for managing trademark affairs, and the official language is Portuguese. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The Brazilian trademark registration adopts the principle of "application first".
Brazil is a party to international intellectual property treaties such as the Paris Convention, the Nice Agreement, and the WIPO Convention. It officially became a member of the Madrid Protocol on October 2, 2019, so trademark registration can be processed through "single country registration" or "Madrid international registration".
Trademark Registration Process
Currently, Brazil adopts the Nice Classification 11th edition of product and service descriptions and does not accept applications for multiple categories in one form. The elements that can be registered as trademarks in Brazil include: text, name, graphics, letters, color, three-dimensional logo, etc.
If the applicant does not reside in Brazil, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4.If priority is declared, priority proof documents and corresponding translations must be provided;
5. Power of attorney.
The main process for applying for registration of a Brazilian trademark is: application acceptance announcement examination approval issuance. After 1-2 weeks of application submission, the Industrial Property Office will conduct a formal review, mainly examining whether the application requirements and classification information comply with regulations. After the review is completed, an announcement will be arranged, and the 60 day objection period from the announcement date is the objection period. Any interested party or prior right holder may raise objections, and the main reasons for objections are:
1. Conflict with prior trademarks, such as ownership of prior registered trademarks or prior use of unregistered trademarks;
2. The trademark lacks distinctiveness;
3. Trademarks are descriptive;
4. Trademarks are deceptive;
5. The trademark has adverse effects;
6. Well known trademark.
If there is no objection or the objection is not established during the announcement period, the Industrial Property Office will conduct substantive examination of the trademark, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. After passing the examination, it can be approved for registration and a registration certificate will be issued; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. In a smooth situation, trademark registration in Brazil takes 1-2 years; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended.
Trademark registration materials
The Brazilian trademark is valid for 10 years after registration, starting from the date of registration; Renewal can be processed one year before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations;
2. Malicious registration;
3.If a trademark has not been actually used in that country for five consecutive years after registration, anyone may apply for revocation; Except for force majeure.
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