When a company operates commercially in any country, it is important to protect its brand and creative energy. Registering a trademark in Brazil is a crucial step in the process of establishing a company in this promising market. It grants exclusive rights to use the mark and provides legal recourse against infringement. Additionally, it enhances a company’s reputation and credibility, reassuring consumers of the authenticity and quality of its products or services.
Registering a trademark in Brazil opens doors to a market of over 200 million people, making it a strategic move for expansion. The process is relatively straightforward, with well-defined procedures and regulations in place to safeguard the brand. Moreover, it can deter competitors from using a similar mark, preserving market share and ensuring customer loyalty.
The governmental institution in charge of registering trademarks and granting patents in Brazil is the National Institute of Industrial Property (INPI). INPI protects trademarks in Brazil, providing them with validity for a period of 10 years, extendable indefinitely.
To register a trademark in Brazil, it is crucial to understand and comply with the Industrial Property Law. The trademark must be directly relevant to the nature or activities of the business. For foreign entities, a legal representative in Brazil is necessary to undertake the trademark registration process.
Before proceeding with the registration process, it is important to consult the list of prohibited items that cannot be registered. Article 124 of the Brazilian industrial property law outlines this list. Additionally, conducting a trademark search in Brazil’s national database is recommended to ensure that the mark is available and unique.
Once it is confirmed that the trademark is available, the nature of the trademark must be determined, as it determines the type of protection it will receive. Brazil classifies trademarks according to their scope of protection, object of protection, and graphical representation.
The renewal process for trademarks in Brazil does not require periodic declarations of use. The first renewal date is 10 years after the date of approval of the registration, and subsequent renewals last for 10 years from the renewal date. The grace period after the expiration of the renewal date is 6 months.
The steps to register a trademark in Brazil can be done online or in person through the National Institute of Industrial Property. It involves creating an account, issuing and paying the Union Collection Guide, and submitting an online form with specific information. The overall fee for the trademark certificate of 10-year validity is approximately US$372.50.
It is important to note that Brazil is a member of WIPO and joined its International Trademark System in July 2019 through the Madrid Protocol, which facilitates Brazilian trademark protection in international markets.
Commonly asked questions for trademark registration in Brazil include the requirements to register a trademark and the time frame for registration, which is approximately 12 months, provided there is no opposition from third parties.
Navigating the bureaucratic system in Brazil can be complex, so it is helpful to have a trusted legal representative to guide through the process of registering a trademark in the country.
