You will find here all the important information about filing trademarks, designs and patents.
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Hague Agreement on Industrial Designs: YES.
Industrial Property Law No. 9279/1996.
180 days.
YES, the application must refer to a single object, a plurality of variations being permitted, provided that they are destined for the same purpose and maintain between them the same distinctive characteristic, each application is limited to a maximum of 20 variations.
- Drawings, including all views of the object.
- Brief description of the object.
- Locarno class.
- Power of Attorney (neither notarization nor legalization required).
- Assignment document (neither notarization nor legalization required), when applicable.
- Priority document, when applicable.
Yes.
YES, 180 days counted from the filing date in Brazil.
- Filing.
- Formal examination.
- Decision.
Nullity proceedings may be instituted ex officio or at the request of any person with a legitimate interest within 5 years from granting. A request or an ex officio institution will suspend the effects of grant of a registration if presented or published within 60 days from grant.
1-2 years.
25 years: initial term of 10 years renewable for 3 successive terms of 5 years.
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Madrid System: YES.*
* Brazil can only be designated in IR marks filed after 2 October 2019.
Industrial Property Law No. 9279/1996.
Nice classification, 13th edition.
- Possible for designations of IR mark.
- Not possible for national trademarks.
Words, names, acronyms, letters, numbers, devices, combination of colours, three-dimensional forms, position and any combination of the aforementioned signs.
Non-traditional trademarks, such as those based on smell, sound, movement, holograms or gestures cannot be registered in Brazil. However, they are not completely unprotected, as they can be defended under Unfair Competition Law.
- Power of Attorney merely signed (no legalisation and no notarisation required) within 60 calendar days from filing date.
- Scanned copy of the priority application and its translation into Portuguese within 120 calendar days from filing.
- Absolute grounds for refusal: YES.
- Relative grounds for refusal: YES.
60 calendar days from publication date in the Official Gazette.
Approximately 2 years unless any obstacles were raised.
10 years from the date of registration.
YES. Cancellation may be requested by any legitimate third party if the registration is no longer within the grace period and the trademark has not been used for five years. Partial cancellation action is possible.
1 year prior to the renewal date.
6 months.
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Patent Cooperation Treaty (PCT): YES. Due term for entry into national phase: 30 months.
IP Law 9279/1996.
- Patent of Invention.
- Utility Model.
- Patent of addition.
NO.
- Power of Attorney merely signed (no legalization required) within 60 days from filing.
- Assignment document from the inventors merely signed (no legalization required) within 60 days from filing (180 days if Convention application). Not required under certain circumstances.
- Certified copy of priority application within 180 days from filing (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available).
NO. At least, translation into Brazilian of the claims, title and abstract must be submitted upon filing. Late submission of the complete Brazilian translation is acceptable within 30 days from issaunce of office action, if convention application, or 60 days from issuance of an office action if pct national phase.
YES, within 36 months from filing date (international filing date in the case of entry into national phase of PCT).
NO.
YES. Between publication and completion of the technical examination.
YES. Between publication and completion of the technical examination.
10 years.
20 years from filing date.
15 years from filing date.
UM suitable for utensils, instruments, tools, apparatus, devices, or any parts or improvements thereof, but not to chemical products, methods or uses; lower threshold for inventive step.
Yearly also during prosecution of the application.
NOT mandatory.
YES.