Filing
The filing date of a Brazilian trademark is the one assigned when filing the application.
If priority is claimed, the filing date will remain the same but the priority date will be the one claimed.
Formal Examination
Within approximately 30 days from the filing date
The Brazilian Trademark Office will determine if the application meets the formal requirements and if it does, the trademark will be published.
Publication
Within approximately 30 days from the formal examination
When the Brazilian Trademark Office deems the application meets the formal requirements, the application will be published in the Official Gazette for opposition purposes. The Official Gazzette is published on a weekly basis.
Opposition Period
Publication + 60 days.
The opposition period starts as soon as the trademark is published and the period for a third party to file an opposition ends 60 days after publication.
If no opposition was filed and the 60-day opposition period has ended, the trademark will undergo a substantive examination.
Substantive Examination
The examination will be concluded within 12 months from the filing date.
During this phase, the Trademark Office will analyze the application on both absolute and relative grounds of refusal. This includes a search to determine potential legal obstacles.
If obstacles are found, the BPTO will publish the rejection, and the applicant will be required to file appeal. If no appeal is filed, the refusal will become final.
If no obstacles are found, the application will be allowed for registration.
Registration fees
Granting
60 - 90 days counted from the Allowance Decision.
If no obstacles are found, the Brazilian Trademark Office publishes the granting decision in the Official Gazette.
The mark will be protected for a period of 10 years, starting as from the granting date.
Certificate of Registration
After the granting decision has been published in the Official Gazzette, a digital registration certificate is issued.
The filing date of a Brazilian trademark is the one assigned when filing the application.
If priority is claimed, the filing date will remain the same but the priority date will be the one claimed.
Within approximately 30 days from the filing date
The Brazilian Trademark Office will determine if the application meets the formal requirements and if it does, the trademark will be published.
Within approximately 30 days from the formal examination
When the Brazilian Trademark Office deems the application meets the formal requirements, the application will be published in the Official Gazette for opposition purposes. The Official Gazzette is published on a weekly basis.
Publication + 60 days.
The opposition period starts as soon as the trademark is published and the period for a third party to file an opposition ends 60 days after publication.
If no opposition was filed and the 60-day opposition period has ended, the trademark will undergo a substantive examination.
The examination will be concluded within 12 months from the filing date.
During this phase, the Trademark Office will analyze the application on both absolute and relative grounds of refusal. This includes a search to determine potential legal obstacles.
If obstacles are found, the BPTO will publish the rejection, and the applicant will be required to file appeal. If no appeal is filed, the refusal will become final.
If no obstacles are found, the application will be allowed for registration.
60 - 90 days counted from the Allowance Decision.
If no obstacles are found, the Brazilian Trademark Office publishes the granting decision in the Official Gazette.
The mark will be protected for a period of 10 years, starting as from the granting date.
After the granting decision has been published in the Official Gazzette, a digital registration certificate is issued.
Useful Information
According to Brazilian Law a cancellation can be requested by third parties and if the trademark has not been used for 5 years, counting from the registration date, it will be cancelled.
It is relevant to also note that the use of the mark is not evaluated ex officio by the BRTMO, nor the owner must file periodically any prove of use. The evaluation of the use of a trademark is only done in the eventuality that a cancelation action is filed.