Trademark registration Brazil
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Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.
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What are the costs of a trademark registration in Brazil?
- Includes all fees
- extra class
- Includes all fees
- up to 3 classes
- Includes all fees
- extra class
How do you get a trademark registration in Brazil?
As a general rule, in Brazil, trademark rights are only recognized when it is registered with the INPI: Instituto Nacional da Propriedade Industrial. Only a few exceptions can be made for unregistered but well-known brands. As an entrepreneur, it is therefore best to register your brand name in Brazil. If you decide to do so, it is the intention that you actually use the brand. If you do not do this and you do not use your mark in the five years after registration, you run the risk that the rights will be discontinued based on inactivity.
What is the duration of the application process in Brazil?
By submitting your application electronically, the registration process is usually significantly faster than sending your paperwork to the INPI by post. As an entrepreneur, keep in mind that the process of applying for a brand name in Brazil takes a very long time. On average, a trademark is not registered until three years have passed after the application date.
The Nice classification
If you want to register a brand name in Brazil via the electronic application system, the description of the goods or services that you send as an attachment must be identical to the descriptions from the tenth edition of the Nice classification. The classification system is divided into products (classes 1 to 34) and services (classes 35 to 45). It is important to note that classes alone are not exhaustive. To supplement the original list, the INPI has produced an additional list which is available from the agency.
If you want to register a brand name in Brazil, it must not be a trademark that is comparable to one that has already been registered by another entrepreneur when the same or comparable goods or services are offered. That is why it is important to search the available databases for any previous existence of the trademark that you want to apply for in Brazil. If you skip this step, it is significantly more likely that third parties will be able to oppose your application during the registration process.
The payment to the GRU
Before filing the application, you must make the payment to the GRU (Guia de Recolhimento da União). You will receive a document number, which you may need to complete your application. Discounted prices apply to individual entrepreneurs, mini-companies, small companies, training and research institutes and non-profit organizations.
How does the trademark application process in Brazil work?
If you want to register a brand name in Brazil, you go through a process consisting of several steps. After you have submitted your application, the formal investigation will be conducted. This takes about five days. If your application passes this initial inspection successfully, it will be published in the Revista da Propriedade Indrustrial and an opposition period of sixty days will follow. Within this period, other parties can submit an objection if they believe that your trademark conflicts with their objection of interest.
At the same time, the substantive research is started. If your application is officially approved in Brazil, it will take another thirty days before the certificate confirming this is issued. You pay a contribution for this again. Depending on the application, other fees may also be requested during the process.
What is the duration of validity of your trademark?
Trademarks registered in Brazil are protected for a fixed period of ten years. This period starts at the time of official registration and not on the day of application, as is the case in many other countries. Renewing a brand can be done endlessly and always for a period of ten years. An application for extension can be submitted from twelve months before the end date of the current term. Are you late with your application? There is a grace period up to six months after the expiry date, during which you can still request an extension for an additional amount.
National versus international trademarks
If you decide to register a trademark in Brazil at a national level, expansion is not possible. In other words: if you are also active in other (South American) countries, you must always request a separate registration for this. You cannot expand to countries outside the continent on the basis of a national registration. Do you want to be active in other international markets now or possibly in the future? Then an international registration is recommended. This is possible because Brazil has been a member of the Madrid Protocol since December 2019. By applying through the Madrid Protocol, you apply for trademark registration in several countries at the same time, including Brazil.
International trademark registration via WIPO
If you, as an entrepreneur, choose to register your trademark at an international level in Brazil, you must have a basic registration in your country of origin.You submit your application to WIPO, which has its headquarters in Geneva, Switzerland. Here, the administrative conditions are first checked and only then the application is forwarded to Brazil. From that moment on, it will undergo the same procedure as for a national registration in the country. With the same application you can apply for trademark registration in Brazil and various other countries of your choice.
How does the application to the UIBM work?
You need various documents to apply for a trademark in Brazil via the UIBM. For example, you must provide the agency with a detailed description of the brand, a list of goods and / or services classified according to the Nice Classification, as well as personal details of you as the applicant, a valid correspondence address and a copy of the trademark.
Always take into account the latest payment date associated with the procedure. If the payment is made later than intended, you can run up a considerable time delay. You may submit documents that have not been submitted or have not been submitted in full up to two months after the date of application. If you are unable to meet a deadline, you can still proceed with the procedure in Brazil by making an additional payment.