Summary of the guide:
- Laws relating to Trademark in Brazil
- Trademark registration process in Brazil
- How long does it take to get a trademark registration in Brazil?
- Examination criteria for trademarks in Brazil
- Costs for trademark registration in Brazil
- How long is a trademark protected for?
- When does the protection of a trademark in Brazil start?
- What trademark classes are available in Brazil?
- What are the documents required for trademark protection in Brazil?
- What are important deadlines for trademark protection in Brazil?
- Are international trademarks available in Brazil?
- National Vs International trademark in Brazil?
- Local tips for trademark registration in Brazil
- Service level guarantee for trademark registration in Brazil
Laws relating to Trademark in Brazil
Trademark registration in Brazil is regulated by the Brazilian Intellectual Property Office (INPI). The INPI is responsible for receiving and examining trademark applications, granting or denying registrations, and maintaining the national trademark registry. Brazil has multiple local legislation governing trademarks and is party to many international treaties around intellectual property and trademarks.
Trademark registration process in Brazil
To register a trademark in Brazil, the first preferred step is to conduct a comprehensive search of the INPI's database to ensure that the proposed trademark is available for registration and does not conflict with existing trademarks. It is best if the search covers:
Trademarks filed locally in Brazil through the national register.
Trademarks filed internationally designating Brazil.
Trademarks that are deemed famous in Brazil and have been designated the famous trademark status.
Translate the trademark mark to Portuguese and check whether the suggested trademark meets both formality requirements and relative requirements (if there are any similar trademarks filed and/or registered.)
Transliterate the trademark mark to Portuguese and check whether the suggested trademark meets both formality requirements and relative requirements (if there are any similar trademarks filed and/or registered.)
While trademark searches are not required, as the trademark registration process is quite lengthy in Brazil, it is best to conduct a search prior to filing to get clearance and minimize the amount of office action received.
How long does it take to get a trademark registration in Brazil?
The process of registering a trademark in Brazil can take anywhere between 18 to 24 months, depending on the complexity of the application. If you are looking to start working in Brazil, it is preferable to file a trademark as soon as possible, as the trademark protection process is a first to register system, not a first to file.
Examination criteria for trademarks in Brazil
After the trademark is published in Brazil, and should there be no opposition, a trademark is then examined substantively based on absolute and relative grounds. If a trademark is accepted based on substantive examinations, then a grant decision is published in the Brazil official gazette relating to trademarks. An applicant has 60 days from the publication of the grant decision to pay the relevant fees.
Absolute grounds for trademark refusals in Brazil are:
Trademarks that are devoid of any distinctive character.
Trademarks exclusively consist of signs regularly used in trade, to refer to a type, kind, quality, quantity, intended purpose, value, geographical origin, or other characteristics relating to the goods or service the trademark is registered on.
Trademarks which exclusively consist of signs or indications that are used in the normal course of the trade.
Trademarks that are contrary to public policy.
Trademarks that are contrary to public morals and ethics.
Trademarks that deceive the public, as to the nature, quality, or source of the goods or services.
Trademarks which include public emblems, flags, and other symbols relating to the state, Arab, or international organizations, or one of their institutions, or a foreign state unless so authorized by it, as well as any imitation of such emblems, flags, or symbols.
Trademarks include symbols of the Red Crescent or Red Cross and other similar imitating symbols.
Trademarks that are similar to or resemble symbols of a purely religious character.
Trademarks are geographical names whose protection or use create confusion as to the origin or source of the goods, the products, or the services.
Trademarks are essentially the name, surname, picture, or emblem of a third party unless prior approval is provided.
Trademarks which are indications of honorary distinctions that the applicant for registration cannot prove.
Relative grounds for trademark refusals - assess whether a trademark application filed in Brazil may confuse due to the similarity with a previously registered or famous trademark locally.
Costs for trademark registration in Brazil
In order to file a trademark application in Brazil, the applicant must pay a federal fee by completing a Federal Government Payment Form (GRU). Government fees are divided depending on the phase of the trademark application.
It is worth noting that to promote innovation and trademark and other IP registration in Brazil the INPI offers reduced fees which is around 40% of the total fee for trademark applications filed by:
Individuals
Micro-enterprises
Individual microentrepreneurs
Small-sized companies
Cooperatives
Education and research institutions
Nonprofit entities
Public agencies
Professional fees for trademark registration
Our professional fees range from USD160 to USD299 depending on the package you choose. Once you are ready to start, choose the package you want, and you will see the total official fees and professional fees for each package.
Official fees for trademark registration
Official fees at filing a trademark in Brazil - USD75-USD150
Official fees at publication of a trademark in Brazil: USD50 - USD75 Official fees at grant of a trademark in Brazil: USD175 - USD250
How long is a trademark protected for?
A trademark is valid for 10 years from the filing date.
When does the protection of a trademark in Brazil start?
In Brazil, the protection of a trademark starts from the date of applying with the Trademark Office. Once the trademark is registered, the protection period begins from the date of filing and lasts for ten years. The protection can be renewed for consecutive periods of ten years upon request and payment of the renewal fees.
What trademark classes are available in Brazil?
When you file your trademark application in Brazil, it is necessary to indicate which goods or services your mark aims at protecting. INPI adopts the Nice International Classification of Goods and Services (NCL), which provides a list of 45 classes with information about the various types of goods and services and what belongs to each class. It is important to note that the class lists are not exhaustive, INPI created the Auxiliary Lists to assist with completing the goods and services. There are no goods and / or services which are not available in Brazil.
What are the documents required for trademark protection in Brazil?
A Power of Attorney
A power of attorney signed by the applicant assigning local representation in Brazil. It is not possible for international applicants to file their trademarks directly in Brazil, there is a requirement for assigning local representatives.
Declaration of use:
A declaration that the applicant engages in activities related to the class and product/services included in the application. Such a declaration can be in the form of a commercial certificate translated to Portuguese, or through a website / proof of invoice all translated to Portuguese.
Commercial certificate
A declaration that the applicant engages in activities related to the class and product/services included in the application. Such a declaration can be in the form of a commercial certificate translated to Portuguese, or through a website / proof of invoice.
What are important deadlines for trademark protection in Brazil?
If the trademark application is approved formally, a trademark will be published in the Brazilian Official Gazette for a period of 60 days.
A trademark is considered registered and valid for ten years from the date of settlement of the grant fees.
Are international trademarks available in Brazil?
Brazil is party to the Madrid protocol; therefore, international trademark applications can designate Brazil as part of the international application. More information on countries party to the Madrid agreement or protocol.
National Vs International trademark in Brazil?
The Madrid Protocol became effective in Brazil on 2 October 2019 following the ratification of Decree No. 10,033. It is best if an owner of an international application designates a national representative to service their registration. This ensures that the applicant is informed of all local proceedings (such as of the filing of oppositions) as the Brazilian trademark office does not usually inform WIPO of such proceedings.
Local tips for trademark registration in Brazil
If you are looking to start working in Brazil, it is preferable to file a trademark as soon as possible, as the trademark protection process is a first to register system, not a first to file.
The INPI has an Official Gazette published each Tuesday, which includes all details and updates relating to trademark applications.
Service level guarantee for trademark registration in Brazil
If you require approval from management, you can print this page and obtain approvals. Remember to choose the package you want. If you are not a lawyer, we recommend you choose the premium package. We have individually vetted all trademark agents and have provided them with a proprietary system owned by Easy Trademarks to guarantee the level of service you will receive.
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