The information provided outlines the requirements for a Brazil trademark, details on the trademark registry body, and the laws that trademark applicants must comply with.
The National Institute of Industrial Property (INPI) is the trademark registry responsible for all industrial property in Brazil. The INPI is associated with the Ministry of Development, Industry and Foreign Trade. The DIRMA (Trademark Directorate) has the primary responsibility for approving Brazil trademark registration.
Once the mark is registered, the INPI will provide legal protection against any unauthorized or misuse of the mark by third parties within Brazil. Legal protection does not extend beyond Brazil borders. To obtain trademark registration, the mark owner must be a natural or corporate person, in addition, the owner must undertake in “lawful and compatible” activity for which the mark is to represent. The requirements of a Brazil trademark include “nominative, mixed, figurative or three-dimensional” marks.
The registered trademark will be valid for a period of ten consecutive years from the date of registration. On expiry of validity, owners have the right to extend its period every ten years indefinitely, until use for the mark is no longer required by the owner.
The Industrial Property Law is the law which regulated all areas of Brazil trademarks from trademark rights, to providing scope of the types of trademarks which are valid. Article 124 of the Industrial Property Law provides details on the prohibitions related to Brazil marks.
Under Brazil trademark legislation, a foreign individual or company may apply for a trademark in Brazil provided they obtain legal representation of who is also resident in Brazil.
To learn about the available jurisdictions we offer trademark registration in, Contact Us.