Trademark Registration in Brazil: A Step-by-Step Guide
Detailed overview of the trademark registration in Brazil, highlighting key aspects such as the first-to-file system, the opposition period, INPI examination procedures, and the steps required for appealing trademark rejections.
Laila dos Reis Araujo
10/2/20241 min read
Brazil employs a first-to-file system for trademark registration, which prioritizes the filing date of applications over prior usage. This means that applicants do not need to demonstrate use of their trademark to secure registration. Once a trademark application is submitted to the Brazilian Patent and Trademark Office (INPI), it is published in the official gazette, allowing third parties a 60-day period to file oppositions against the application.
If an opposition is filed, the applicant is granted an additional 60 days to respond. This exchange sets the stage for potential disputes over trademark rights. Following the opposition phase, INPI conducts a thorough examination of the application, assessing both the merits of the opposition and the substantive elements of the trademark application itself.
Upon approval of the trademark, the applicant must pay a fee for the issuance of the registration certificate, which grants trademark rights for an initial term of 10 years. This period can be renewed indefinitely, each 10 years.
In instances where a trademark application is rejected, the applicant has a 60-day window to file an appeal. This appeal allows for a re-evaluation of the case, which may result in the trademark being granted or the rejection being confirmed. Even after registration, third parties have the right to challenge the validity of the trademark by filing an administrative nullity action if they believe the trademark was granted in violation of Brazil’s Industrial Property Law.
Finally, whether due to a rejected appeal or a confirmed trademark grant, parties have the option to seek judicial review by filing a lawsuit against INPI. This comprehensive understanding of the trademark registration process in Brazil is essential for companies and legal professionals aiming to protect their intellectual property rights in this dynamic market.