Find out exactly how to file for a trademark in Brazil with our simple step-by-step instructional guide.
Filing for a Trademark in Brazil – The 4 Step Process
Brazil Trademark Registration
Protect Your Brand in Brazil Through a Simple Process Backed by Certified Local Attorneys
Simple steps to register your trademark
STEP 1
Comprehensive Trademark Study
Before filing your trademark in Brazil, you must evaluate any issues that may arise during the registration process. Our Comprehensive Trademark Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
- Graphic and phonetic similarity trademark search report
- Trademark attorney's analysis and advice
- Trademark class recommendation
STEP 2
Trademark Application Filing
Specialized attorneys will file your trademark application in Brazil and carry out all the necessary formalities to bring your application for approval and registration. As soon as your trademark is filed, we will send you a filing report that will include the application number and application date. Also, we will send you a scanned copy of the filed application.
- Process Handled by Experienced Trademark Attorneys
- Filing the Report & a Scanned Copy of the application
- Tracking the Registration Process Online
STEP 3
Trademark Registration Certificate
Once your trademark application is approved, our attorneys complete all the formalities necessary to obtain the registration certificate in Brazil. After the certificate is issued, it is forwarded to your address along with a registration report specifying the registration number, registration date, and any special consideration that should be taken into account in Brazil.
- Process Handled by Experienced Trademark Attorneys
- Delivery of Registration Certificate & Report
- Monitoring & Notification of Important Dates
Additional Services in Brazil
Discover how our services help protect and strengthen your brand in Brazil.
Trademark Search
Check if your trademark is available for registration with our easy-to-use search tool.
Search TrademarkTrademark Renewal
Renew your trademark to maintain uninterrupted protection for your brand.
Renew TrademarkDomain Registration
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Commonly Asked Questions About Trademark Registration
Learn answers to some of the most commonly asked questions on trademark registrations to improve your trademark knowledge.
Frequently Asked Questions
Who is eligible to challenge my trademark registration?
An owner of a prior right or anyone with a legitimate interest can challenge a trademark registration.
Can a trademark registration be canceled?
Yes, you can cancel a registered trademark for several reasons:
- If the mark is descriptive
- If the mark lacks distinctiveness
- If the mark is misleading
- If the mark is functional
- If the mark contains a geographical indication
- If the mark goes against morality or public order
- If the mark includes a protected emblem or badge
- If the application was made in bad faith
- If the use requirements under Section VIII.A are not fulfilled
What rights do you gain by having a registered trademark?
When you have a registered trademark, you gain several rights:
- The exclusive right to use the trademark
- The ability to oppose any later applications that conflict with your trademark
- The right to cancel any later registrations that conflict with your trademark
- The right to take legal action against others who use a mark that is confusingly similar to yours
- The ability to license your trademark to others
- The right to request the seizure of counterfeit products
- The right to claim damages if your trademark is infringed upon
What is the duration of the opposition period?
The opposition period begins on the day the application is published in the Official Bulletin.
It concludes on the 60th day following the publication date in the Official Bulletin.
If I register my trademark in Brazil, will it be protected in other countries?
No, registering a trademark in Brazil only provides protection within Brazil's borders.
What actions are necessary to meet the usage requirement for a registered trademark?
To meet the use requirement for a registered trademark in Brazil, it must be used commercially within 5 years from the registration date or within the 5 years before any non-use challenge. The use must take place in Brazil.
Do I need to use my trademark before applying for registration?
Yes, you must either be using the trademark or have a genuine intention to use it when you apply.
Do I need to provide a Power of Attorney?
Yes, every applicant must provide a power of attorney.
What are the steps involved in the trademark application process in Brazil after filing?
In Brazil, a trademark application goes through three main stages:
Can you claim priority for a patent application in Brazil?
You can claim priority for an application in Brazil if:
- Your home country is a member of the Paris Convention
- Your home country application was submitted no more than 6 months before the Brazilian application
How long is a registered trademark valid in Brazil?
In Brazil, once your trademark is registered, it remains valid for 10 years starting from the date it was registered.
What rights do I have if I register a trademark in Brazil?
To have rights to a trademark in Brazil, you must register it. The country follows a "first to file" system, but there is an exception for famous or well-known trademarks.
What is the typical duration for trademark registration approval?
Typically, it takes about 8 months to get a trademark registered, as long as there are no objections or challenges.
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