Trademark

Summary
  1. Legislation
    Trademark law in Brazil is governed by Brazil Law No. 9279/1996
  2. Definition
    A trademark is a distinctive sign, visually perceptible, capable of identifying and distinguishing similar products or services from different origin
  3. Criteria
    Any mark can be registered as, however, there are certain restrictions which prevent a mark from removal.

      1. Reproduction or imitation of a prior registered trademark
      2. Signs used as a means of advertising
      3. Signs contrary to moral and good customary standards or which offend the honor and the image of people
      4. Names, acronyms, flags, emblems, monuments, medals or symbol of states, nations, regions, governmental entities or international organisations
      5. Reproduction or imitation of distinctive element(s) of a third party trade name that may cause confusion or associate between them
      6. Colors and their names, except when arranged or combined in a distinctive manner
      7. Signs that induce a false idea of origin, nature, quality or utility of the good or service
      8. Signs which reproduce or imitate a Geographical indication
      9. Patronyms, name and image from a third party unless accompanied by consent
  4. Membership
    ✓ Paris Convention for the Protection of Industrial Property
    Brazil is party to the Paris Convention for the Protection of Industrial Property via the Republic of China. This provides that an applicant from any State party to the treaty shall be able to use its first filing date as the effective filing date in another State. Provided that the subsequent application is submitted within six(6) months.
  5. Rule of Priority
    Brazil practices a ‘First-to-file’ system, which recognizes the first person to file the mark which is not necessarily the first inventor
  6. Duration and Renewal
    Trademark once granted is valid for 10 years. The mark can be renewed for periods of 10 years indefinitely
Procedure/Timeline
  1. Application
    A complete application can be submitted to National Institute of Industrial Property together with all the necessary documents and the fee.
  2. Formal Examination
    Once all the documents have been received by INPI, it will be examined for formal errors. Should there be any errors, It will be published in the Official Intellectual Property Gazette (RPI), the applicant will then have 5 days to respond to the errors within 5 days of publication
  3. Publication
    After the formal examination, an announcement will be made in the RPI so that third party can file an opposition.
  4. Opposition
    After publication, any individual who feels their right has been infringed may file an opposition against the mark within 60 days from the date of publication. If an opposition is filed, the applicant will be notified and will be given 60 days to respond to the opposition
  5. In-depth Examination
    Should there be no opposition, INPI will do a further in-depth examination on the mark to ensure that the mark complies with the registration requirements including determining if there is any ground for refusal
  6. Registration
    After the examination process, should the INPI decide to grant the application, the fee for the 10 years and the fee for the certificate will be issued
Requirements/ Documents
The following information/ documents are required to make a trademark application in Brazil

  1. Trademark registration application form
  2. Payment receipt
  3. Digital image of the trademark
  4. Power of attorney
  5. Documents in support of priority claims
  6. Characteristics of the product or service subject to certification and control measures
  7. Regulation of use
Documents
Downloadable Forms
Agents
Fee

Patent

Summary
  1. Legislation
    Patents in Brazil is governed by Article 5 of the Constitution of Brazil and also the Brazil Law 9279/1997
  2. Definition
    An invention, whether a product or process, can be patented. Patents also include the improvements in the use or manufacture of practical use objects such as utensils and tools. Brazil practices both a Patent of Invention and a Utility Model
  3. Criteria
    In order for an invention to be patented, the invention must be

      1. Novel
      2. Industrial Applicable
      3. Consist of an Inventive Step
  4. Membership
    ✓ Paris Convention for the Protection of Industrial Property
    ✓ Patent Cooperation Treaty (PCT)
    Brazil is party to the Paris Convention for the Protection of Industrial Property. This provides that an applicant from any State party to the treaty shall be able to use its first filing date as the effective filing date in another State. Provided that the subsequent application is submitted within twelve (12) months.
    Furthermore, Brazil is a party in the Patent Cooperation Treaty which provides a unified procedure in filing patent application which can be filed to the World International Property Organization. The treaty allows for the applicant to extend its rights in patent application to other member country of the treaty. It is important to note that the an application under the PCT does not grant an international patent as that does not exist
  5. Rule of Priority
    Brazil practices a ‘First-to-file’ system, which recognizes the first person to file the patent which is not necessarily the first inventor
  6. Duration and Renewal
    A patent once granted protects an invention for 20 year
Procedure/Timeline
  1. Application
    A complete application can be filed in Portuguese, to the Brazilian National Institute of Industrial Property by the Ministry of Industry, Trade and Services together with all the necessary documents and fees
  2. Formalities Examination
    A formal examination will be conducted in order to ensure that all necessary documents have been submitted. Should there be any documents missing, the applicant will be given 20 days to present the missing item(s). Once all the necessary documents have been submitted, a serial number will be issued to the applicant.
  3. Publication
    The patent will be published after 18 months from the filing date
  4. Opposition
    An opposition may be lodged at any time by any individual after the examination period
  5. Technical Examination
    The applicant after filing the application, has 36 months to request for a technical examination. Failure to request for a technical examination, will result in the application to be abandoned. A final report will be issued to decide whether to grant or reject the application. An applicant who feels that his interest is affected by the report has 60 dyas to file an appeal.
  6. Grant
    The patent is granted when the application has passed and has received approval from the
Requirements/ Documents
The following information/documents are required for a patent application in Brazil

  1. Application form
  2. Description of the provision
  3. Claims
  4. Drawings
  5. Summary
  6. Evidence of payment of the official filing

PCT National Phase Application
The following information/documents together with the filing fee are required to be submitting a non-provisional utility provisional application:

  1. Receipt from the International Bureau of copies of international application with any amendments to the claims, international search reports, and international preliminary examination reports may be accepted
  2. Payment of national fee
  3. Furnishing of a translation if the international application was filed in any other language other than English
  4. A copy of international application, except where not required by that Office (if necessary)
  5. Amendments, if any, to the claims in the international application. (Unless such amendments have been informed to the Patent and Trademark Office by the International Bureau, where a translation in English is provided should the amendments be made in another language)
  6. An oath or declaration of the inventor
  7. A translation into the English Language of any annexes to the international preliminary report. (If the annexes were made in another language)
Documents
Downloadable Forms
Agents
Fee

Industrial Design

Summary
  1. Legislation
    Industrial Design in Brazil is governed under Brazil Law #9279/1996
  2. Definition
    Industrial design is considered to be an ornamental plastic form of an object or an ornamental arrangement of lines and colors which may be applied to a product, providing a new and original visual result in its external configuration and that may serve as a model for industrial manufacture
  3. Criteria
    A design can be protected if it is

      1. New
      2. Original
      3. Able to be used as a model industrial manufacture

    A design will not be protected if it is

      1. Contrary to morals and good customs
      2. Offends the honour or image or people
      3. Contrary to the liberty of conscience, belief, religious cults or ideas and feelings worthy of respect and veneration
      4. Refers to the necessary common or ordinary shape of an object or further, which is determined essentially by technical or functional considerations
  4. Membership
    ✓ Paris Convention for the Protection of Industrial Property
    Brazil is party to the Paris Convention for the Protection of Industrial Property. This provides that an applicant from any State party to the treaty shall be able to use its first filing date as the effective filing date in another State. Provided that the subsequent application is submitted within six(6) months.
  5. Rule of Priority
    Brazil practices a ‘First-to-file’ system, which recognizes the first person to file the design which is not necessarily the first inventor
  6. Duration and Renewal
    A design once registered, it is valid for 10 years and can be renewed for 3 five year terms. A renewal fee is required
Procedure/Timeline
  1. Application
    A complete application can be made to the National Institute of Industrial Property which is governed by the Ministry of Industry, Trade and Services
  2. Publication and Registration
    Once the application has been filed, The application will be automatically published and the registration will be granted simultaneously. The certificate of grant will be issued to the applicant as well.
  3. Failure to meet legal requirements
    If the application does not meet the legal requirements, an official action will be issued to the applicant. The applicant then has 60 days to respond to the official action, failure to do so will result in the application be withdrawn.
Requirements/ Documents
The following information and documents are required for an industrial design application in Brazil

  1. Descriptive report
  2. Claims
  3. Drawings
  4. Photographs
  5. Project field of application
  6. Specific Power of Attorney
  7. Name and address of the author
  8. Technical report
Documents
Downloadable Forms
Agents
Fee