How to register a trademark in .
Learn everything about the Brazil trademark registration process. Trademarks provide a competitive edge to businesses and provide a sense of authenticity for the customers. There are many advantages of registering a trademark. One of the main benefits is that it provides legal protection against infringements and counterfeiting, giving exclusive rights to the owner to sue the perpetrators. Different countries have different trademark procedures, some complex and lengthy, while some are relatively easier and simple. To understand the trademark registration process in Brazil, let us have a look.
Brazil Trademark Registration Services
The authority that takes care of the applications in Brazil is Instituto Nacional da Propriedade Industrial (INPI). Brazil has defined what can be registered as a trademark and what not.
Types of Trademarks
Types of trademarks in Brazil
Other than the accepted trademarks, some trademarks cannot be accepted. These include:
How to register a trademark in Brazil?
The Brazil trademark registration process can be done online or in person. The online application is relatively faster, but even though that is the case, Brazil’s entire registration process is relatively slow compared to other countries. It usually takes around 2.5 to 3 years to register a trademark. The official language to file an application is Portuguese. If it is in another language, it must be translated and submitted within 60 days of the filing date. The application should contain:
- Address and name of the applicant;
- Trademark representation;
- The list of classification;
- The goods and services to be trademarked.
Once the Brazil trademark registration application is filed, a formal examination is done to check if there is any inaccuracy in the application or if the trademark can be registered in the first place. If there is any problem with the application, the applicant is notified and given 60 days to correct and respond to the notification.
Publication and Opposition
After the Brazil trademark registration application goes through the examination, it gets published in the official gazette. The application is open for opposition for 60 days, and anyone can oppose it, providing the relative evidence and grounds during this time. If there is an opposition filed, the application is again published in the official gazette, and the applicant is informed. The applicant has 60 days to respond to the opposition with proofs and evidence. After the applicant responds, the examination continues, and the official body takes the final decision.
If the Brazil trademark registration application is rejected, the applicant has 60 days to appeal against the verdict. If the appeal is accepted and the application is allowed, the applicant is given 60 days to submit the fee for registration certificate issuance.
Once the fee is received, the official gazette publishes a granting decision, and the certificate of registration is issued in 2-5 months.
Price of Trademarks
Trademark registration cost in Brazil
The cost of registering a trademark in Brazil ranges from $1500 – $2000, including the attorney fees.
Age of Trademarks
How long does the Brazil trademark last?
Brazil trademark lasts for ten years and can be renewed within 12 months of the validity/expiry. A grace period of additional six months after the expiry date is also given, but there is an additional cost.
Brazil is also part of the Madrid Protocol, making it easier for applicants to file an application for multiple registrations. It is always beneficial to get a trademark registered to increase goodwill and authenticity while also protecting the business from infringements.
At Trademark International, we provide hassle-free trademark registration services catered to your needs in compliance with the international requirements and standards. Brazil’s trademark registration doesn’t have to be complicated, and that’s why Trademark International is here to assist with all of your intellectual property needs.
What to do? How to do it? When to do it? Will it work?
If these are the questions that come to your mind when thinking of registering a trademark, you have come to the right place. We, at Trademark International, answer these questions and more! Offering multiple trademark services, we guarantee client satisfaction. For expert advice and consultation, contact us now! Or fill out our online trademark filing form.
Frequently Asked Questions
The process for registering a trademark varies from country to country. To file for a trademark in the US, you can file an online application with the USPTO. The USPTO entertains two types of applications: ‘In-use’ and ‘Intent to use’. The online application is known as Trademark Electronic Application System (TEAS).
Just like every country has its own registration process, the cost varies as well. Depending on the legal fees and the length of the process, the cost can go up or down. In the US, the price of registering a trademark ranges from $500 to $3000.
You need to file an application which should contain: your name and address, if it’s a business then the type of legal entity it is, details of the trademark, list of goods and services, the details of the class(es).
Yes, you can file for both: a local and an international trademark. Some countries entertain a single application to register a trademark locally as well as internationally.
Yes. It is possible to register a trademark in multiple countries with a single application but it depends on which union the country is part of. You can do this through the Madrid Protocol or EUIPO.
Countries have different laws regarding what can be registered as a trademark. In the US, the types of trademarks that can be registered are slogans, shapes, names, phrases words, images, 3D shapes, holograms, smells, and colors.