Trademark registration in Brazil

Brazil is the largest country in South America, occupying almost half of the continent, possessing many rich natural resources: minerals, forests, land,…. The country of Brazil consists of many different forms of terrain: plateaus, plains, mountains, tropical forests,… create conditions for the development of diversified economic sectors. Brazil is also located in the center of South America, adjacent to 10 countries, creating favorable conditions for regional trade and cooperation; has a coastline of more than 7,400 km, adjacent to the Atlantic Ocean, creating favorable conditions for the development of marine economy and international trade. Natural resources in Brazil are abundant, which is famous for its large mineral reserves: iron ore, copper, manganese, bauxite,…; abundant Amazon forest resources; fertile soil. Brazil is the country with the strongest economy in South America, ranked 9th in the world, with great potential for development. In addition, the culture in Brazil has a mix of different cultures such as Portuguese culture, African culture and indigenous culture creating cultural diversity – the potential for tourism development. Strategic geographical location, large territorial size, abundant natural resources, large economy are great advantages to help Brazil develop economically, socially and integrate internationally. Therefore, more and more businesses are expanding the scope of business activities here. To be able to distinguish yourself from other competitors, the first thing for each business investing here is the trademark registration. Viet An Law would like to guide customers preliminarily through the procedures for trademark registration in Brazil.

Legal basis

• Law No. 9.279 of May 14, 1996 (Law on Industrial Property, amended to Law No. 14.200 of September 2, 2021);
• Other relevant legal documents.

Trademark registration documents in Brazil

To register a trademark in Brazil, the applicant needs to prepare a dossier with specific documents. Here are details of what the applicant needs:

• Trademark Application Form: This form can be filled out online through  the E-Marcas system  of Brazil’s National Institute of Industrial Property (INPI). The form will ask for the applicant’s personal information, details of the desired trademark, and classes of goods or services associated with the trademark.
• Power of attorney: If the applicant employs an attorney or representative, the applicant needs to authorize them to process the trademark application on behalf of the applicant during the registration process.
• Trademark representation image (trademark sample): The applicant should submit a clear image of the trademark of the applicant. Depending on the trademark, the following documents should be provided:
  • For word marks: An easy-to-read copy of the text.
  • For pictorial trademarks: High-resolution images in JPG or PNG format.
  • For 3D trademarks: 3D avatars or photos taken from different angles.
• Request precedence (optional): If the applicant has previously registered a trademark in another country, the claimant can claim priority based on the date of that registration. The applicant needs to submit a certified copy of the foreign application and documents on the right-of-way.
• Additional documents (may be required):
  • Proof of business activity (optional): If the applicant has not started using the trademark, the applicant may need proof of his or her business activities related to the trademark-related goods or services.
  • Proof of Previous Use (optional): If the applicant has used the trademark in Brazil, the claimant may submit evidence such as invoices, marketing materials, or website screenshots to prove past use.

Note: All documents must be written in Portuguese

Trademark registration fees in Brazil

Below is a table of estimated trademark registration fees in Brazil

Note:

(*) Cases of 60% fee reduction include:

• Individual: Only applicable if the individual does not hold any corporate interest in companies operating in the field related to the registered item.
• Microenterprises, individual business households and small enterprises: Defined under Supplementary Law No. 123 dated December 14, 2006.
• Cooperatives: According to Law No. 5.764 of December 16, 1971.
• Educational and research institutions.
• Nonprofits and public agencies

How to file a trademark application in Brazil

To file for trademark protection in Brazil, customers can file using the following filing methods:

• Direct submission: You can go directly to the office of the Brazilian National Institute of Industrial Property (INPI) in Esplanada dos Ministérios BL B ZIP CODE: 70.068-900 Brasília – Distrito Federal Brasil to submit the application and related documents.
• By Post: You can send your application and all required documents via postal service or courier service to the address of Brazil’s National Institute of Industrial Property (INPI) at Esplanada dos Ministérios BL B ZIP CODE:  70.068-900 Brasília – Distrito Federal Brasil
• Submit online via website:

https://gru-inpi-gov-br.translate.goog/emarcas/?_x_tr_sl=pt&_x_tr_tl=en&_x_tr_hl=pt-BR&_x_tr_pto=wapp When applying online, you should pay attention to the payment of the relevant fee in accordance with INPI guidelines

Processing of a trademark application in Brazil

After submitting the trademark registration dossier, the state agency will process the application within 6-12 months.

Form verification

INPI will check that the applicant’s application is sufficient and meets the form requirements. If the application is valid, INPI will publish the application in the Industrial Property Gazette.

Content verification

INPI will consider whether the applicant’s trademark meets the distinguishability requirements and does not infringe the intellectual property rights of others. If there is any objection from a third party, INPI will hold a hearing to resolve the dispute.

Issuance of Registration Certificate

If the applicant’s application is accepted, INPI will issue a Trademark Registration Certificate. The registration certificate is valid for 10 years and can be renewed several times.

Trademark registration in Brazil through the Madrid System

The Madrid system is an international system that allows applicants to register trademarks in multiple countries with a single application. Brazil is a member of the Madrid system, so the applicant can use this system to register a trademark here.

Here is the process of registering a trademark through the Madrid system in Brazil:

Apply internationally

• Submit an international application at the National Office of Intellectual Property of Vietnam.
• The application must include information about the trademark, a list of countries the applicant wishes to register (including Brazil), and the products/services in which the applicant wishes to use the trademark.
• The application fee will be charged according to the number of countries the applicant wishes to apply to.

WIPO forwards applications to INPI

The World Intellectual Property Organization (WIPO) will forward the applicant’s international application to INPI. INPI will consider whether the applicant’s application meets the requirements of the Madrid system.

Content verification

INPI will consider whether the applicant’s trademark meets the distinguishability requirements and does not infringe the intellectual property rights of others. If there is any objection from a third party, INPI will hold a hearing to resolve the dispute.

Issuance of International Registration Certificate:

If the applicant’s application is accepted, INPI will notify WIPO. WIPO will issue an International Registration Certificate to the applicant.

Trademark registration service in Brazil of Viet An Law Firm

• Perform the search and notify customers in writing the results of trademark search in Brazil;
• Draft the dossier and directly file and monitor the status of the trademark application filing in Brazil on behalf of the trademark owner;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Brazil;
• Support follow-up, representative resolution of objections and feedback with intellectual property representatives carrying out procedures in Brazil.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in Brazil, please contact Viet An Law Firm for the most effective support.