Fees associated with filing trademark applications in Brazil, as well as other trademark fees, are available in the fee calculator.
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Multiple-class applications
Multiple-class trademark applications are not possible in Brazil. A separate application must be filed for each class.
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Filing requirements in Brazil
The official language of the proceedings before the Intellectual Property Office in Brazil is Portuguese. The application and any accompanying documents should be filed in Portuguese. If any accompanying document is in a language other than Portuguese, its translation should be submitted either on filing or within 60 days of the filing date.
A trademark application should contain:
- a request for the registration of a trademark in Brazil;
- information about the applicant;
- list of goods or services;
- a representation of the trademark.
A certified copy of the Priority Document must be submitted to the Brazilian patent office within 180 days from filing.
A digital copy of a signed POA form is enough for filing the application.
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Publication, opposition and examination of a trademark application in Brazil
Upon completion of the formal examination the application is published for opposition. The period for filing oppositions against Brazilian trademark applications is 60 days from publication of the application. After expiration of this period the application should be examined as to substance. The Brazilian IP office also conducts search for prior trademarks.
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Grant, validity term and trademark renewal
The term for payment of the grant fee is 60 days from publication of the decision to grant a certificate. It is still possible to pay the grant fee during the subsequent 30 days after the due date (but with a surcharge).
The trademark in Brazil is valid for ten years from the date of registration. It can be renewed for successive periods of ten years within 12 months before the expiration of the current trademark registration. It is possible to file renewal within a grace period of six months after the expiration date.
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Duration of registration procedure
The trademark registration process in Brazil takes approximately 18 months from filing up to registration provided that there are no office actions.
If the Brazilian trademark has not been used within five years after grant, it may be subject to cancellation.
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Representation by a trademark attorney
For foreign applicants, it is necessary to appoint an agent, a registered Brazilian trademark attorney.
1. Online Database for Brazilian Trademarks Search.
2. An applicant is granted 60 calendar days to respond to a provisional refusal of an international registration in Brazil. The calculation of the term starts on the date the refusal is published in the official gazette of the Office. It is possible to request an extension of time. The language of the response is Portuguese. There is a requirement to appoint a Brazilian patent attorney for the filing of a response.
Brief summary is based on the information provided by ARIBONI, FABBRI, SCHMIDT & ADVOGADOS ASSOCIADOS on 24.01.2024
Please contact us if the above information is not in conformity with Brazilian IP Laws