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GEOGRAPHICAL INDICATION

Protection used to identify the source or origin of a determinate product or service, whose characteristic is specific to a geographical region.

Legislation

Principal services offered

Required information - Geographical Indication

For the registration application

Documentation for the registration application

* can be presented after the filing, within the time limit established by law

Geographical Indication application procedure

The use of geographical indication is restricted to producers and the service providers established in the area. The application for geographical indication is made to the Brazilian Patent and Trademark Office (PTO) in the name of the representative body of the association.

For denominations of origin, evidence of the quality of the products and services is also required.

The application must include the type of the intended geographical indication, if it is an indication of validity or a description of the origin.

It is necessary for the region to be carefully and officially delimited. The products, services, processes, and methods of obtaining the products and services, need to be precisely described and characterized. All claims need to documented and evidenced.

When the geographical indication application is filed, it will be examined by the PTO, and may be subject to further requirements. These must be complied with within 60 (sixty) days.

When the requirements have been complied with, and the application is in order, it will be published to allow third parties to respond to it within 60 (sixty) days.

When the application is granted, the assignee must provide evidence of the payment of the fee for the issue of the certificate within 60 (sixty) days, counting from the publication. The notice of the Issue of the Certificate will be made officially by the PTO.

If the application is Rejected, a Request of Reconsideration can be lodged against the rejection. The non-acceptance of this application will terminate the administrative stage.

The registration of the Geographical Indication remains in force as long as the product is being effectively manufactured or the service is being offered.

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