Trademark
Trademark registration in Brazil
When it comes to international business expansion, Brazil is one of the countries most sought after by investors. Not only because of its emerging economy – which is once again in the top 10 in the world – but also because it offers countless opportunities in different business segments.
Companies from all over the world are diving headfirst into this ocean of possibilities and seeking to establish themselves by registering a trademark in Brazil. After all, industrial property is treated very seriously in the country and is seen as a starting point for building a successful business.
Registering a trademark in Brazil also allows international investors to access other countries in the region through strategic trade agreements. In other words, in addition to being able to secure exclusive rights to use and exploit your trademark in the vast Brazilian territory, you can also think about future opportunities in South America.
But it is important to highlight that each country has its own legislation for industrial property and trademark registration in Brazil guarantees protection only in this territory.
Who can register a trademark in Brazil?
The legal instrument that establishes rules and rights regarding a registered trademark in Brazil is the Industrial Property Law. Its article 128 states that “individuals or legal entities under public or private law may apply for trademark registration in Brazil”. Foreign applicants are required to appoint a Brazilian representative to handle the entire process.
This attorney, usually a lawyer or a company specialized in industrial property, will be the international applicant’s interlocutor with the INPI (National Institute of Industrial Property), the national body responsible for trademark registration in Brazil – and for other types of industrial property, such as patents.
The representative will handle the entire trademark registration process in Brazil and will be responsible for responding to notifications from the INPI during and after all stages have been completed. Therefore, it is not enough to simply be Brazilian. The representative must be a resident of Brazil.
If the power of attorney is not submitted together with the trademark application in Brazil, it is possible to submit it within 60 days. If this period expires without this requirement being met, the application will be archived or terminated.
Trademark registration priority in Brazil and the Paris Convention
The trademark registration model in Brazil is “first to file,” which is different from that used in other countries, such as the United States, which adopts the “first to use” model. This means that if you plan to expand your business in the South American country, you should start the process as soon as possible.
After all, regardless of who used the brand first, the exclusive right to use and exploit it will be granted to the first person to file the brand registration application in Brazil and meet all the requirements set by the INPI.
The advantage for you, foreigner, is that Brazil is a signatory member of the Paris Union Convention (CUP). If your country of origin is also a party to this international treaty, you will have 6 months from the date of the first registration application to request priority in Brazil.
This means that the date you filed the application in your home country will be considered the date of the application in Brazil. To do so, you will need to provide a copy of the original trademark application, duly authenticated by the trademark registration office in the home country. The document must be submitted in Portuguese.
Nice Classification: specifications for trademark registration in Brazil
To define the category in which each brand will be registered with the INPI, Brazil adopts the Nice Classification, which organizes products and services into 45 classes, 34 for products and 11 for services.
Each class groups similar items, but the specification of products or services in a trademark application Brazil requires an even more detailed description of the items that one wishes to protect.
To facilitate this process, INPI allows the use of pre-approved terms in its database, which ensures a clear and unambiguous description of your products or services in the trademark application in Brazil.
Ways of presenting trademarks in Brazil
The registration of this industrial property in Brazil encompasses different types of trademarks. For all of them, there is a basic requirement: distinctiveness. It must be able to differentiate products or services from other similar ones on the market so as not to confuse the consumer, obviously.
Article 122 of the Industrial Property Law recognizes as trademarks “visually perceptible signs endowed with distinctiveness, not included in legal prohibitions”.
Therefore, INPI receives requests for trademark registration in Brazil in the following ways:
Word Trademark:
It consists of a word or group of words, without any drawing or figure.
Figurative Trademark:
A picture, symbol, or drawing, without letters or words.
Mixed Trademark:
It combines nominative elements (words) and figurative elements (drawings or images).
Three-dimensional Trademark:
This type of brand is distinguished by the three-dimensional shape of a product or its packaging.
Types of registrable trademarks according to their nature
In addition to being classified by their presentation, brands in Brazil are also differentiated according to their nature. Each of them has a unique characteristic that helps in identification and differentiation:
Product and Service Trademarks
Used by companies to identify and distinguish their products or services from competitors in the market.
Collective Trademarks
Used by associations, cooperatives, unions or other collective entities to identify products or services produced or provided by members of these organizations.
Certification Trademarks
They indicate that a product or service meets certain standards or criteria established by an independent entity. They are generally granted by regulatory bodies that attest to quality and compliance.
How much does it cost to register a trademark in Brazil?
Brazil does not yet use the multi-class system for direct filings. Only applications via the Madrid Protocol can use multiple classes in a single application. Therefore, federal direct deposit fees are calculated by brand and by class, with a small difference in value depending on the type of classification.
For trademark applications in Brazil with a pre-approved specification (NICE or INPI auxiliary list), the cost per class is BRL 355 (approximately USD 71) for legal entities. For individuals, the cost is BRL 142 (approximately USD 28.4).
For trademark application in Brazil with free-form specifications, the amounts are as follows: BRL 355 (approximately USD 71) for legal entities and BRL 142 (approximately USD 28.4) for individuals.
The full list of federal taxes can be found in Portuguese, English and Spanish on the link.
How long does it take to register a trademark in Brazil?
The average time for a trademark registration process in Brazil can vary depending on several factors, such as the complexity of the case. Completing all stages of the process (from filing the application to issuing the trademark registration certificate in Brazil) can take up to 36 months.
This period may be even longer depending on the number of objections to the request.
Validity period of trademark registration in Brazil
Trademark registration in Brazil will be valid for 10 years, counting from the date of granting of the registration. It may be extended for equal and successive periods, as established by the Industrial Property Law. Renewal must always be requested during the last year of the registration’s validity.
It is important to highlight that the loss of this extension period may represent the extinction of the trademark registration in Brazil.
Search for prior applications/registrations: security for trademark registration in Brazil
For those who intend to register a trademark in Brazil, it is essential to carry out a prior art search before starting the process at INPI. This prior search serves to identify whether there are already similar or identical trademarks registered or previously applied for in the country.
Remember that the INPI is very strict in evaluating all trademark application in Brazil. If there is any coincidence between your trademark and another that is already in the INPI database, the application will probably be rejected.
The search for prior rights must be carried out by a professional specialized in trademark registration in Brazil, as he/she has the necessary resources and technical knowledge to analyze the search results with full attention, including spelling variations, sound and visual similarity.
Stages of trademark registration in Brazil
Registering a trademark in Brazil is usually a meticulous process and it is important to pay attention to all the details required by the INPI. Each step is important and the international applicant must meet all the requirements through their legal representative in Brazil.
When starting the process, it is necessary to pay the fees and present the following documents:
• Full name and address of the applicant;
• List of products or services of interest;
• Logo (optional);
• Power of attorney (notary signature is not required. A scanned power of attorney is sufficient).
The next phases are:
• Formal examination by INPI
At this stage, INPI examiners will assess whether the trademark registration request in Brazil meets all legal requirements.
• Publication of the Application
This is the public disclosure of the registration request in the Industrial Property Journal (RPI). In Brazil, the publication of the request does not mean that the registration has been granted. The objective is to offer third parties the chance to file an opposition.
• Decision and Registration
If there is no opposition or if it is resolved, the INPI grants the trademark registration in Brazil and issues the registered trademark certificate to the international applicant.
Expiry: don't run the risk of losing your trademark registration in Brazil
In Brazil, even after the INPI grants the trademark registration, the owner of this industrial property must follow certain rules to keep it active. And it is important for foreign investors to know the two main reasons that can make the trademark extinct in Brazil.
The first is expiry, which occurs when the owner does not use the registered trademark for five consecutive years, starting from the date the registration was granted.
The second is the absence of a representative in Brazil for a foreign owner. The requirement for a Brazilian legal representative, resident in the country, is not limited to the trademark registration process in Brazil. Under penalty of having the registration revoked, the foreign owner must maintain a representative in Brazilian territory throughout the term of the trademark concession.
CNV's international experience in trademark registration in Brazil
Given the need for a Brazilian legal representative to file the application and monitor the trademark registration in Brazil, it is essential that the foreign applicant has a reliable partner.
With credibility in trademark registration in Brazil and abroad, CNV offers all its international expertise to foreign investors, especially from the United States, interested in solidifying their business in the most attractive market in Latin America.
We are talking about a mission that concerns your plans and dreams of international expansion and we understand the challenges behind registering a trademark in Brazil. That is why we offer specialized support that simplifies the path to protecting your brand in the Brazilian market.
CNV is a company that operates in the intellectual property segment with an international focus. It is this global presence that fills us with confidence and pride in offering personalized service to those seeking to register a trademark in Brazil.
With qualified professionals who are up-to-date on Brazilian legislation and the needs of foreign investors, we can ensure that each step of the trademark registration process in Brazil is carried out efficiently. In fact, our team is prepared to deal with potential obstacles, offering tailored solutions to ensure the success of your trademark registration in Brazil.
Get support from CNV! You will have access to complete and dedicated consultancy, which values your safety and peace of mind throughout the process.
