Global Trademark GO: Brazil——Introduction to Brazilian Trademark Application

The types of trademarks that can be applied for in Brazil include word trademarks, graphic trademarks, symbol trademarks, collective trademarks, certification marks, and three-dimensional trademarks. Smell, sound, taste, and touch are currently not the objects of trademark protection in Brazil. Brazil has not established a one-standard, multiple-class system. One trademark application shall not contain multiple product or service categories. Each application may only contain one category of products or services, and official fees shall be paid separately.

1. Trademark authority

• Brazilian Trademark Office, English: Instituto Nacional da Propriedade Industrial
• Website: https://www.gov.br/inpi/pt-br/servicos/marcas
• Trademark Search: INPI

2. How to apply for trademark registration

• electronic submission

3. Trademark registration application language

• Portuguese. If a language other than Portuguese is used, a Portuguese translation must be submitted at the time of application or within 60 days of the application date.

4. Documents required for trademark registration application

• Applicant information;
• List of goods or services;
• Trademark description.
• An approved copy of the priority document should be submitted to the Brazilian Patent Office within 180 days from the filing date.
• A scanned copy of the power of attorney must be submitted.

5. Brazilian trademark registration application process

• The Brazilian trademark registration application will be announced after the formal examination is completed. Oppositions to Brazilian trademark applications can be filed within 60 days from the date of announcement. After this period ends, the substantive examination begins.

6. Documents required for trademark change

• transfer certificate
• Changed name or address

7. Trademark cancellation

• If a Brazilian trademark is not used within five years from the date of authorization, the trademark can be revoked. Applications for trademark cancellation must be filed with the Federal Court.

8. Trademark objections

• Within 60 days from the date of trademark announcement, anyone can file an objection request against the announced trademark.

9. Authorization, validity period and trademark renewal

• There is no authorization fee to pay during the Brazilian trademark registration authorization stage. Trademarks registered on or after November 5, 2020 are valid for 10 years from the date of registration. Trademarks registered before November 5, 2020 are valid for 10 years from the date of application. It can be renewed for 10 years each time, with no limit on the number of times. Renewal applications must be submitted within 6 months before the deadline, or within the 6-month grace period after the deadline.
• If the renewal fee is paid by the lawyer who filed the previous application, no power of attorney is required. Otherwise, a scanned copy of the authorization letter signed by the new lawyer must be submitted. If a power of attorney is submitted, it should have the signatures of the registrant and two witnesses. No verification or certification is required.

10. Average time for trademark authorization

• If the registration process goes smoothly, the Mexican trademark registration process takes 4-5 months on average.