Registering your trademark in Brazil is a relatively straightforward process when enlisting the assistance of a specialist attorney or professional consultancy firm. A Brazil trademark is required to comply with all necessary requirements as stipulated by the relevant Intellectual Property office in order to gain approval for registration and provide the owner of the mark with exclusive rights.
Applying for trademark registration is considered a time consuming and complicated process when performed without the assistance of a professional within the industry.
How to Register a Brazil Trademark
In order to register a Brazil trademark the mark must be considered as available i.e. not already registered as a trademark in Brazil, and it must be unique, distinctive and compliant with all other requirements.
To apply for registration you are advised to enlist the services of an attorney or professional consultancy firm to apply on your behalf to the INPI – the National Institute of Industrial Property in Brazil. It is also important to be aware of the role of the DIRMA who are the Trademark Directorate and have the ultimate responsibility for approving Brazil trademarks.
To use your registered Brazil trademark commercially is it vital that you comply with the relevant laws including the Industrial Property Law of Brazil which provides the rights and scope.
Any mark can seek Brazil trademark registration provided it is unique, original, and a nominative, figurative, or 3D mark. In addition to this, both individuals or corporations can seek registration provided they are the trademark owner.
It must be noted that once your Brazil trademark is registered, you must renew it every 10 years on expiry of its validity period. Renewal is subject to compliance with necessary rules, for example if the trademark has not been used commercially for a specific period of time it may be restricted from gaining renewal.
View our Brazil Trademark Registration services page to learn how Starting Business can assist you.