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Registering a trademark with the INPI (National Institute of Industrial Property of Brazil) takes about 24–36 months if there are no oppositions or errors in the application. Complex cases may take up to 48 months due to the high volume of applications.
The deadline for filing an opposition is 60 days from the publication of the application in the INPI’s Revista da Propriedade Industrial.
In Brazil, you can register word marks, figurative marks, combined marks, three-dimensional marks, and sound marks, provided they are distinctive. Holographic and color marks may be registered in specific cases if clearly represented.
The certificate is valid for 10 years from the registration date and can be renewed indefinitely every 10 years.
The owner has the exclusive right to use the mark commercially in Brazil, prohibit others from using similar marks, and transfer or license the trademark rights.
The filing fee is approximately $200–400 for one class of goods/services, with possible discounts for small businesses. Additional costs may include fees for extra classes or legal services.
No, use is not mandatory, but non-use for 5 consecutive years after registration may lead to cancellation upon third-party request.
If the trademark is not renewed within 10 years from the registration date, the registration is canceled. Reinstatement is possible within 6 months after the deadline by paying an additional fee.
Brazil, with its vast consumer market and dynamic economy, presents significant opportunities for businesses. However, to operate legally and securely within the country, registering your trademark is crucial.
Protection Against Copying and Unfair Competition
Registering your trademark ensures exclusive rights to its use, preventing unauthorized parties from exploiting your brand and protecting against unfair competition.
Exclusive Rights to Use the Brand
A registered trademark grants you the sole right to use the brand in Brazil, allowing you to control its application and prevent misuse.
Enhancement of Company and Brand Value
A registered trademark adds value to your business, enhancing its reputation and appeal to investors and consumers alike.
Opportunities for Licensing or Franchising
With a registered trademark, you can license or franchise your brand, expanding your business reach and generating additional revenue streams.
Legal Advantage in Trademark Disputes
In case of legal disputes, having a registered trademark provides a stronger position in enforcing your rights and resolving conflicts.
Step 1: Conduct a Trademark Search
Before applying, it's advisable to perform a trademark search to ensure your desired mark isn't already registered. The National Institute of Industrial Property (INPI) provides an online database for this purpose.
Step 2: Prepare Necessary Documents
Gather all required documents, including:
A clear representation of the trademark.
A list of goods or services associated with the trademark, classified according to the Nice Classification.
Proof of payment for the application fee.
Step 3: Submit the Application
Applications can be submitted online through the INPI's e-Marcas system. Ensure all information is accurate and complete to avoid delays.
Step 4: Examination by INPI
INPI will examine the application for compliance with legal requirements. This process may take several months.
Step 5: Publication and Opposition Period
If the application passes examination, it will be published in the Industrial Property Gazette. A 60-day opposition period follows, during which third parties can challenge the registration.
Step 6: Final Decision and Registration
If no opposition is filed or if opposition is resolved in your favor, INPI will grant the trademark registration. The registration is valid for 10 years and can be renewed indefinitely.
Navigating the trademark registration process can be complex, especially for foreign applicants. Without professional guidance, businesses may face:
Errors in Application: Incorrect classification or incomplete information can lead to application rejection.
Delays: Misunderstandings or procedural errors can extend the registration timeline.
Legal Disputes: Lack of expertise in handling oppositions or objections can result in unfavorable outcomes.
ProfitMark offers comprehensive support throughout the trademark registration process in Brazil:
Full Assistance: From initial preparation to receiving the registration certificate.
Uniqueness Verification: Conducting thorough trademark searches to ensure originality.
Document Submission: Handling all paperwork without requiring your physical presence.
Legal Support: Providing legal assistance in case of oppositions or disputes.
Transparent Pricing: Offering clear pricing and fixed timelines for services.
Extensive Experience: Over 13 years in the trademark registration industry.
Global Reach: Successful trademark registrations in over 30 countries.
Expert Team: A team of international professionals dedicated to client success.
Client-Centric Approach: Tailored services to meet individual client needs.
Online Services: Convenient online platform for remote processing.
Quality Assurance: Commitment to high standards and client satisfaction.
Registering your trademark in Brazil is a strategic move to protect your brand and expand your business opportunities. With the support of ProfitMark, the registration process becomes straightforward, transparent, and efficient. Don't delay in securing your brand's future—contact ProfitMark today and take the first step towards safeguarding your intellectual property in Brazil.