‎Trademark in Brazil

The brand is among the most important assets of a company. When properly cared for, it can generate constant profits through direct or indirect exploration. It is that it is the main link between the business and the customer; it is also a form of identification and differentiation. That is why it can be understood as the benchmark for the quality of that product or service.

Protect your brand

Registering a trademark is the only way to legally protect it from possible copiers and competitors, in addition to gaining space in the market. For this, it is necessary to make the request, which will be examined in accordance with the Industrial Property Law and other administrative resolutions.

The registered trademark guarantees the owner the right to exclusive use throughout the national territory, which can be extended to another 137 countries. This is because Brazil is a member of the Paris Union Convention of 1883 (CUP) in its field of economic activity. So, if the innovative product or service is a success, by protecting the brand, the entrepreneur will have legally guaranteed the right to explore and enjoy the benefits generated by his invention.

Despite the costs involved, trademark registration is an investment, not an expense, as this action will reflect on the company's future cash flow.

It is granted and has an initial duration of ten years, extendable.

Important points

1. Consult the trademarks already registered

Before thinking about your trademark and registration, it is important to consult the trademark search system. In it, find out if there is already a brand with the name or design you intend to register. The priority for registration is always from the company that requested it first, even if the process is not yet complete.

2. Define your brand sector

It is important that you know that the same brand can be registered for different sectors of activity. This is what allows, for example, that there may be a hotel, a cigarette and a brand of home appliances with the same name.

3. Know and define your brand presentation

Before entering the order, you must be clear about the types of brand and which one fits you. Is it just the trade name? Will it have a logo? Is it a physical (three-dimensional) brand? This is the time to definitely decide your form of presentation.

4. Define the nature of your brand

It is also important to know and establish the classification of your brand: whether it is a product, a service, a collective or a certification mark.

5. See what the fees are

To register a trademark, it is necessary to pay at least two fees. One at the time of order entry and the other when receiving the registration. If during the process any other action is requested, such as the submission of complementary documents, other fees may be requested.

Follow-up

The trademark registration process consists of several stages and lasts an average of two years. In that time, authorities can request more information or documents, and the request is made public for opposition (if someone opposes the registration of the trademark), the technicians analyze it and reach a conclusion: approval or rejection.

Formal examination

After the application is filed, the authorities will make a formal examination of the application. At this stage, the agency may make requirements for supporting documentation or other documents. It is important to be aware because you have only five days to present what was required. If everything is correct, the entity publishes the application for registration of the mark and opens a period of 60 days for third parties to speak out against the application.

Deadline for Oppositions

If there is a demonstration, you have 60 days to contest it. After this period, the authorities carry out a formal examination, may require documentation either from you or from the party that filed the opposition, and decide whether or not to grant the request.

Deferral

If there are no manifestations of opposition or after the opposition process has ended, authorities judge the registration of the trademark to be valid if there are no coincidences with other marks or because there are sufficient forms to distinguish it from others already registered. You have 60 days to pay protection fees for the first ten years of the brand. If you do not pay, the case is closed.

Anyway, registered trademark!

After payment, the trademark is effectively registered and your use rights are guaranteed. The concession is published and the trademark registration is issued.

Dismissal

If the request was rejected, you can appeal within 60 days, which will be reassessed by trademark authorities’ technicians.

Nature of the brand

The nature of the brand can be classified according to the owner's home or use.

1. Nature of the mark in relation to the owner's domicile:

Brazilian: the one regularly deposited in Brazil by a person domiciled in the country.

Foreign: that regularly deposited in Brazil, but by a person not domiciled in the country. It can also be one that, even if deposited regularly in a country linked to an agreement or treaty in which Brazil is a party or in an international organization of which the country is a part, is deposited in the national territory within the term stipulated in the respective agreement or treaty, and whose deposit contains claim of priority over the date of the first order.

2. Nature of the brand in terms of use:

Products or services: the one used to distinguish a product from others that are identical, similar or similar, of different origins.

Collective: the one used to identify a product or service from members of a specific entity.

Certification: that which is intended to attest the conformity of a product or service with certain standards or technical specifications, notably with regard to quality, nature, the material used and the methodology employed.