Any place where you conduct business commercially will require creative energy and a willingness to safeguard your brand. With the assistance of a local legal professional, register a trademark in Brazil to safeguard your ideas and build a successful business. This also entails performing a prior trademark search in Brazil to make sure your innovations and ideas are original.
Due to its thriving startup ecosystem and creativity, Brazil has grown increasingly appealing for foreign investment since its economy started to speed up this year.
The startup capital of South America, Brazil, is home to various fintech, agriculture, gaming, and other firms. Many business owners are trying to register their trademarks and patents to safeguard revenues in the middle of a commercial revolution where technology and innovation are kings.
Trademark Registration Process in Brazil
After a trademark registration application has been submitted in Brazil, INPI will do a preliminary evaluation of (formal) completeness. Only if the minimal legal conditions are satisfied will the trademark application be published in the INPI’s official bulletin (Revista Propriedade Industrial; RPI). The publishing will begin the 60 days for opposition (Art. 158 LPI). If no resistance is lodged, INPI will begin a thorough investigation of the application and determine if it qualifies for Brazilian trademark registration. Prior trademark registrations in Brazil are also examined. To avoid confusion, conducting a clearance trademark search is a good idea.
If the trademark application is denied registration, INPI does not contact the applicant. The weekly RPI is where INPI publishes changes to the application’s status, requests for payment of additional costs, and requests for further documentation. Therefore, it is necessary to review the weekly bulletin regularly.
Period to Oppose
The application is publicized for the opposition when the official examination is finished. Sixty days from the application’s publication date is the deadline for filing oppositions to Brazilian trademark applications. The application should be reviewed for content once this period has passed. Additionally, the Brazilian IP office searches for pre-existing trademarks.
Validity period
The grant fee must be paid within 60 days of the decision to issue a certificate being published. The grant fee may still be paid within 30 days following the deadline (but with a surcharge).
In Brazil, a trademark is legal for 10 years from the registration date. Within a year of the existing trademark registration expiring, it may be renewed for further ten-year terms. A renewal application may be submitted within the grace period of six months following the expiration date.
Requirement of Use
If the Brazilian trademark has not been used within five years after the grant, it may be subject to cancellation.
Also, contact for patent registration in Brazil.