Trademarks
➤ How can I register a trademark?
➤ Is a prior search mandatory?
➤ What can be registered as a trademark?
➤ Can I register my trademark without contracting a broker?
➤ What are the rights and duties of a holder of a trademark?
➤ Can an individual apply for registration?
➤ How can I monitor the application progress?
➤ When can the transfer of ownership be effected?
➤ How long does a trademark registration take?
➤ What is the prior user’s right?
➤ How can I submit the amendments related to the examination of the application or registration?
See also: highly-renowned mark
What is a trademark?
A trademark is every visually perceptible distinctive sign, which identifies and differs goods and services, as well as certifies the compliance thereof with certain rules or technical specifications. The registered trademark ensures its holder the exclusive right of use in the national territory in his field of economic activity. At the same time, the consumer’s perception may result in added value to the goods and services.
How can I register a trademark?
A trademark application is submitted through the completion of an application form to be delivered together with an archive of the image and the power of attorney (if any) to INPI. The process can be filled online or in paper.
A prior search for a trademark is not mandatory. However, it is advisable that the applicant conducts such a search before submitting the application, in the class (activity) in which the applicant aims to register his product or service, in order to verify whether there is already a trademark filed or registered.
What can be registered as a trademark?
The trademark can be assigned to a good or a service, as long as it can be distinguished from other similar trademarks or the like. Only visual signs are eligible for registration as trademark. Therefore, the Brazilian law does not protect audible, gustatory and olfactory signs.
Can I register my trademark without contracting a broker?
Yes. You can apply for a trademark registration with INPI through the system e-Marcas or in paper with no broker. The same applies to the monitoring of the process.
What are the rights and duties of a holder of a trademark?
The registered trademark ensures property and exclusive use throughout the national territory for ten years. The holder must keep it in use and extend it every ten years.
Can an individual apply for registration?
The individual may request the trademark registration as long as he is able to prove that he is lawfully engaged in the activity which he aims to register, through supporting documents, issued by the competent authorities. The professional qualification is verified before the agency or entity responsible for the registration, application, or registry.
How can I monitor the application progress?
Monitoring is possible through the number of the application, through consultation with Revista da Propriedade Industrial (RPI) (INPI’s Gazette), the official means of consultation, available for free at INPI’s portal. Each Tuesday, a new edition is published.
It is also possible to verify the situation and the process history through the trademark search system in our portal.
It is also recommended that the interested party registers with the Push system to receive an email notification when the process moves from stage to stage.
In which situations the loss of a trademark can be happen?
The trademark registration expires upon expiration of the term; upon waiver of rights (voluntary withdrawal by the holder or legal representative); cancellation (due to non-use of the trademark); or failure to comply with the provisions in art. 217 of the Industrial Property Law.
When can the transfer of ownership be effected?
The petition for transfer can be filed at any time after the submission of the trademark application. Payment of Brazilian Federal Revenue collection slip (GRU) related to the service “recording of a change in ownership” (code 349) on behalf of the assignee is required. After payment, the electronic form in e-Marcas shall be completed.
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How long does a trademark registration take?
The trademark registration is effective for ten years of the date of granting, extendable for equal consecutive periods. The renewal period shall be formulated during the last year of effectiveness of the registration, upon payment.
What is the prior user's right?
Any person or business who used, in good faith, an identical or similar mark for the same activity or related activities in national territory, may claim prior user rights for the registration.
How can I submit amendments related to the examination of the application or registration?
In order to submit amendments, it is necessary to pay the Brazilian Federal Revenue collection slip (GRU) with code 340 and fill out an electronic form. Access the e-Marcas and inform the number of the paid GRU, then start filling out the petition for submission of amendments.