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Protection given to a mark used to differentiate and identify a manufacturer or supplier of goods and services. It certifies the conformity of a product or service with the standards or specifications, or identifies products or services, set by the members of a determinate body.

The mark can be formed by letters, words, or figures, in conjunction or in isolation, in a distinct and visually perceptible manner.


Principal services offered

Required information - Trademark

For the search for prior marks

For the filing of the registration application

* Social Insurance Number

Documentation for the filing of the registration application

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

Trademark registration application procedure

Brazil recently adopted the International Classification of Products and Services, established by the Nice Agreement, and a computerized system for the management of industrial property trademarks (e-marks).

The assignee of a trademark registration application must prove its lawful and effective operation in the area of activity corresponding to the claimed class of product or service. There is a different process for each claimed class.

It is necessary to be accredited with the Brazilian Patent and Trademark Office (PTO) in order to have access to the computerized filing form and the Government Payment Form (GRU).

A regularly recorded application will be published, in order to allow any Opposition to be presented within 60 (sixty) days.

After this time limit, and after any answer by the assignee, the Examination will be performed. This can result in requirements, which must be responded to within 60 (sixty) days. If there is no response, the application will be ordered abandoned.

When the examination is concluded, the application can be either Granted or Rejected. If it is Granted, the payment of the Fee for the Issue of the Certificate, and the fee for the first ten years, must be made within 60 (sixty) days.

If it is Rejected, the assignee can lodge an Appeal against the Rejection within 60 (sixty) days. However, there is no appeal against an opinion that grants the trademark registration application.

The Registration Certificate is valid for 10 (ten) years and can be extended while the trademark is still in use.

An application for administrative nullity can be applied for by anyone with a legitimate interest within 180 (one hundred and eighty) days, counting from the issue date of the certificate.

A nullity action can be brought by the PTO, or anyone with a legitimate interest, within 5 (five) years, counting from the date of the granting of the registration.

However, an opposition, administrative nullity, or nullity action, with respect to a highly renowned trademark (Article 126, of the LPI), or in imitation or reproduction, even if partial, of a trademark belonging to another party (Article 124, item XXIII, of the LPI), will not be considered unless made within 60 (sixty) days after the filing of the application for the trademark registration in Brazil.

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