Trademark Availability Search Reports (Optional)

The searches and analyses, of optional character, when being carried through, not only verify the contained nominative expressions in a trademark, but also eventual similarities and analogies arising from the Portuguese Language and graphical aspects arising from other stylized trademarks.

With this, it is possible to provide all the alternatives and to prevent conflicts with previously requested trademarks, noting that in Brazil, it is adopted the law of "first to file", which is why it is advisable the previous search and written technical analysis of the availability of registration for searches in Brazil, which approaches aspects such as:

  • Exact search: it searches for the identical expression and its correspondent in Portuguese Language.
  • Partial search: it searches for the identity between radicals (parts of the mark).
  • Search by affinity: search of identical expressions in classes with affinities, according to Brazilian PTO guidelines.
  • Logo search: Regardless of classes, it searches the identity between the design part of the mark.
  • Legal analysis of the registration feasibility and possible ways to be adopted.

Following our privacy politics, simply sending the trademark and classes to be searched, that we will send our analysis of the registration possibilities. Data of the owner shall only be sent at the time of contracting of the registration service.

Procedures for Registration and Renewals

The trademark Registration in Brazil does not have the "multi-classes" system. That is, each trademark application must correspond individually to its respective class.

Once granted, it is guaranteed to the owner the right of exclusive use, in its specific class of activity, per 10 years, whose renewal can be made immediately to this period, without the customer will be unprotected.

From the initial filing until the final issuance of the registration, is takes around 24 months, according to official figures from the National Trademark, if no manifestations of third (oppositions) or the Institute itself (Office actions) in the course of the process. In the event, can consider adding 12-24 months for the period originally proposed.

Procedures of a Trademark Registration in Brazil

To register a trademark in Brazil, the applicant must be a legal entity (company), and it is not necessary to prove the current use like in some other countries. However, it is recommendable that the company provides proof of use for registered trademarks, in order to avoid the consequences of future no-use cancellation actions (which could occur after 05 years from registration date).

The necessary documents to file a trademark application are:

  • Logo (if the mark has one);
  • Classification of the goods/services (according to international classification of Nice).
  • Power of attorney duly signed by a person responsible for the company. Legalization is not required.
  • An affidavit, confirming the activity of the company. Legalization is not required.

Stages of a Trademark Registration

  • Search of Trademark

    Free of charges.

  • Filing of Application

    Filing of Application.

  • Publication of Application in the brazilian INPI maganize

    About 3 months after filing the application.

  • Allowance of Trademark

    About 18 months from the date of the application.

  • Issuance of Registration Certificate

    About 6 months after allowance of the trademark.

Validity

The registration of a trademark is valid for 10 years, starting from the date of registration certificate issuance, and it can be renewed for more ten years, successively.