* Brazil can only be designated in IR marks filed after 2 October 2019
Trade Mark Law in force:
Industrial Property Law No. 9279/1996.
Classification:
Nice classification, 11th edition
Multiclass Applications:
Possible for IR trademarks
Not possible for national trademarks
Registrable trademarks:
Words, names, acronyms, letters, numbers, devices, combination of colours, three-dimensional forms, position trademarks and any combination of the aforementioned signs.
Non-traditional trademarks, such as, smell, sound, movement, holograms and gestures are not subject to registration in Brazil. However, they are not completely unprotected, as they can be defended through Unfair Competition legislation.
Formal filing requirements:
- Power of Attorney merely signed (no legalization and no notarization required) within 60 days from filing date.
- Scanned copy of the priority application and its translation into Portuguese within 120 days from filing.
Examination:
- Absolute grounds for refusal: YES.
- Relative grounds for refusal: YES.
Opposition period:
60 days from publication date.
Average time from filing to grant:
Approximately 1,5 years, unless any obstacles were raised.
Term of protection:
10 years from the date of registration.
Use requirements:
YES. Cancellation can be requested if the trademark has not been used for 5 years, counting from the registration date. Partial cancellation action is possible.
Renewal terms:
1 year prior to the renewal date.
Grace period: 6 months.
Link to Trade Mark Office:
