Trademark registration in Brazil

Brazil is a country that has a trademark registration procedure on the principle of first filing. As a hub of thriving startup ecosystem and creativity in South America, trademark registration plays an important role in protecting the intellectual property rights of businesses and individuals here. Let’s learn about the process and fee for trademark registration in Brazil through the following article of Viet An Law.

Legal basis

• Brazilian Industrial Property Law 1996, last amended in 2021.

Trademark registration in Brazil

Trademark registration fee in Brazil

In general, when calculating the smoothness of the process including the procedure fees:

• The Brazilian government application fee is 415 Brazilian dollars (85 US dollars) per application, per group.
• The Brazilian government application fee is 745 Brazilian dollars (150 US dollars) per application, per group. Payment for the certification fee arises only after the trademark has been granted.
• The Brazilian government renewal fee is approximately 1,065 Brazilian dollars (220 US dollars) per application, per group.

In fact, this fee does not include the intellectual property representation fee of the representative units. According to the regulations, foreign applicants are required to go through a legal intellectual property representative in Brazil to carry out the procedure for filing a trademark application.

This fee is often divided into packages for individuals and businesses. According to data provided by intellectual property agents in Brazil, we summarize the following average reference prices:

Application fee

For individuals

Unit: USD

For legal entities – businesses

Unit: USD

The final concession fee

The final concession fee to be paid at the end of the registration process for each group is 90 USD (60 USD state fee and 30 USD service fee) for individuals and 190 USD (160 USD state fee and 30 USD service fee) for legal entities. Rates change from time to time. The change in the state fee may increase due to the decision of the Brazilian Intellectual Property Office (Instituto Nacional da Propriedade Industrial – INPI).

Dossier for trademark registration in Brazil

A set of documents for trademark registration in Brazil needs to be prepared including:

• Trademark application, including basic information about the name and address of the owner, logo or brand name, product category and/or service related to the mark.
• Trademark sample.
• Power of attorney for an intellectual property representative organization to carry out trademark registration procedures.
• Other required documents.

Trademark registration process in Brazil

To register a trademark in Brazil, you need to take the following steps:

1. Trademark research.
2. Prepare dossiers as required.
3. Apply for trademark registration at the Brazilian Intellectual Property Office directly or online through the department’s E-Marcas system.
4. Pay the registration fee.
5. Formality examination: The Brazilian National Office of Intellectual Property will check the application to ensure its validity and eligibility, and issue a notice requesting adjustment in case the application is incomplete.
6. Publication in the Official Gazette of the department (Revista Propriedade Industrial; RPI) within 30 days from the date of the decision on formal assessment. The publication is made to collect opinions and objections of third parties within 60 days from the date of publication.
7. Substantive examination: INPI will review objections submitted. If no objections are filed, INPI will begin a thorough investigation of the application and determine if it qualifies for a Brazilian trademark. Previous trademark registrations in Brazil are also checked. The time limit for substantive examination is within 18 months from the date of application.
8. Grant of Protection or Disclaimer: If no objection is filed and no previous trademark registrations are confusingly similar or otherwise absolute grounds for disclaimer. If rejected, then the certificate of registration of trademark protection will be issued within 60-90 days from the date of issuance of the decision to agree to grant the protection title.

Conditions: After INPI publishes its decision to grant a patent, the applicant has 60 days to pay the final registration fee. This deadline is renewable for up to 30 days with an additional fee for late submission. If the fee is not paid, the application will be declared cancelled.

If a trademark application is denied, INPI will not contact the applicant. The weekly RPI Gazette is where INPI publishes changes to the status of an application, requests payment of additional costs, and requests additional documentation. Therefore, it is necessary to regularly review the weekly newspaper.

Application processing time: about 18 months from the date of receiving complete and valid dossiers. A certificate of trademark registration is issued with a digital registration for searching on the INPI portal.

Term of trademark protection

The term of protection of a registered trademark in Brazil is 10 years from the date of registration, is renewed for an unlimited number of times every 10 years and must be renewed within one year before expiration. The renewal application must be submitted 6 months before the expiration date or 6 months after the expiration date provided that the respective surcharge is payable.

Usage requirements

If the Brazilian trademark is not used within 5 years of its issuance, it may be required to be revoked.

Some questions regarding trademark registration in Brazil

How can Vietnamese people register a trademark in Brazil?

For foreign applicants, Argentine law is similar to Vietnamese law, which stipulates that they must apply through an intellectual property representative legally registered in Argentina to carry out the application procedure.

The applicant will carry out the trademark registration procedure at the Brazilian Intellectual Property Office (INPI) which is responsible for receiving and processing industrial property protection claims. Current INPI application forms use:

• Online portal through the E-marcas application system. At that time, the applicant must have an account registered on the system;
• Apply directly at INPI. The procedure will not be considered received until payment of the respective fee has been made.
• In addition, Brazil is a member of the Madrid – WIPO system so applicants can use the system to apply through Madrid.

Trademark registration service in Brazil by Viet An Law Firm

• Consulting individuals, businesses and organizations wishing to register trademarks in Brazil.
• Advice on how to file a trademark application in Brazil: advice on how to establish trademark rights in countries around the world because depending on the laws of each country, the rights to trademarks arise through register or use a trademark.
• Evaluation of the validity of trademark registration certificates and the possibility of infringement of trademark rights in Brazil.
• Support follow-up, represent to resolve objections, and respond to intellectual property representatives carrying out procedures in Brazil.
• Exercising protected trademark rights: investigating, monitoring, negotiating, mediation, taking legal action or requesting another competent authority to deal with infringement in Brazil.

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