Registration is necessary in order to obtain rights to a trademark. The “first to file” rule applies with an exception for notorious or well-known marks
Visit Brazil’s national office online at: http://www.inpi.gov.br/
Yes. Actual use or intent to use is required for the application.
Yes. The opposition is available on the following grounds:
- Proprietary right
- Mark is descriptive
- Mark is not distinctive
- Mark is misleading or deceptive
- Breach of copyright
- Rights of notorious marks
- Rights of trade names
- Rights under Article 6septies of the Paris Convention
- Rights in registered design
- Rights in a personal name
- Rights in a company name
- Unauthorized use of protected emblems or national insignia
Owner of an earlier right or any interested party can oppose a trademark registration.
Yes. A registered trademark may be cancelled on the following grounds:
- Descriptive mark
- Not distinctive mark
- Misleading mark
- Functional mark
- Mark includes a geographical indication
- Mark is against morality or public order
- Mark includes a protected emblem or badge
- Application was made in bad faith
- Use requirements under Section VIII.A are not met
Owners of a registered trademark obtain the following rights:
- Exclusive right to use the mark
- Right to oppose later conflicting applications
- Right to bring cancellation to later conflicting registrations
- Right to file an infringement case against third parties for using a confusingly similar mark
- Right to license third parties to use the mark
- Right to request for seizure of counterfeit goods
- Right to receive damages for infringement
The opposition period will start on the date the application is published on the Official Bulletin.
The opposition period will end on the 60th day of the publication on the Official Bulletin.
No. Brazil does not follow the Madrid System or the Madrid Protocol.
No. Periodic statements of use are not required.