Trademark registration in Brazil is of interest to all company owners who start their business in the country and wish to protect a unique sign that is not only distinctive but also important for the overall business image. Our team specializing in company registration can help you protect your IP rights in Brazil.
| Quick facts | |
|---|---|
| Types of trademarks | – word mark, – figurative, – combined, – three-dimensional, – collective mark, – certificate mark |
Multiple class application (YES/NO) | NO |
Government body regulating trademark protection | Instituto Nacional da Propriedade Industrial (INPI) |
| Mandatory trademark representation (YES/NO) | YES, for foreign applicants |
| Documents needed for trademark registration | – application form, – proof of paid fees, – digital trademark sample, – supporting documents for collective and certificate marks, etc. |
| Time to complete the trademark registration in Brazil | 24- 36 months (approx.) |
| Trademark registration fee | Individuals, small and medium-sized enterprises (SMEs), educational and NGOs can receive a 60% discount on general rates; Contact our team for the exact rates. |
| Checking available trademarks | Our company formation specialists can help you conduct a trademark availability search. |
| Opposition period | 60 days |
| Trademark validity | 10 years |
| Trademark renewal conditions | Must be done within 12 months before expiry; Trademarks can be renewed indefinitely for another 10 years. |
| Conditions to revoke the trademark | If it is not used continuously for 5 years for valid reasons; Our company incorporation specialists also handle trademark revocation cases. |
| Publication of trademarks | In the Official Intellectual Property Gazette |
| International trademark protection (YES/NO) | YES, through the Madrid system |
| Assistance | We can help with the entire trademark procedure; Additionally, we also assist in company formation. |
Table of Contents
How is a trademark defined?
A trademark is a symbol, a sign, a design, a work, or a combination of words, as well as a combination of several elements (such as words and signs/symbols) used to identify the products and services offered by a company by those offered by other businesses.
Who may register a trademark in Brazil?
Trademark registration in Brazil is available for individuals as well as legal entities, meaning that the final owner of the registered mark can be an individual or a company.
What can the trademark include?
Our experts list the types of marks that can be registered:
- Word marks: contain only letters and numbers;
- Figurative marks: in addition to letters of figures, they can also contain images, drawings, ideograms, fantasy figures, different alphabet letters (such as Arabic or Cyrillic);
- Mixed marks: combined images and words;
- 3D marks: a defined form of a product, a three-dimensional rendering that distinguishes one product from others on the market.
It is useful to know that the following sub-categories or marks are also defined by Brazilian law:
- Collective marks: which are used to identify the specific products or services created by a collective entity (such as an association, cooperative, or union). Only certain types of entities can apply for collective mark protection in Brazil, and special regulations for their use apply;
- Certification marks: these include a symbol which certifies the origin, manufacturing process, quality, or other characteristics of the protected goods or services. These may only be used if the applicable standards (which vary according to industry) are satisfied.
Where do you register trademarks in Brazil?
Trademark registration in Brazil is performed with the National Intellectual Property Institute (INPI – Instituto Nacional de Propiedad Industrial) based in Rio de Janeiro. All applications are submitted to this organization.
When deciding to protect the mark of their business in Brazil, entrepreneurs should know that a registration with the INPI will only grant protection for that mark in Brazil. This means that their trademark is not protected outside the country.
What are the general steps for trademark registration in Brazil?
Our team briefly outlines the main steps included in an application for the protection of a trademark on the territory of Brazil:
- Submit an application for registration in the system;
- Fill in the registration form provided by the INPI. Applicants should know that they have the option to make changes to their application; however, this must be done before the final submission.
- Pay the due fees. You can read an example of the prices for the services below;
- Await the issuance of the application receipt.
Depending on the type of trademark you are interested in protecting in Brazil, your application process will also involve submitting the words or image of that mark. The following apply:
- For work marks, you will be asked to fill in the entirety of the elements that make up the mark;
- For marks with digital images, you will be asked to submit a valid file format of a minimum size and a minimum resolution. 3D marks require the submission of a view of the object in perspective.
How long is the trademark protected for?
Trademark registration in Brazil grants protection for a period of 10 years after the date of registration. Subsequent 10-year registration period renewals are possible indefinitely.
What are the costs for trademark protection in Brazil?
Some of the costs associated with trademark registration are listed below:
- 355 R$: for a trademark registration with a pre-approved specification (fee per class); a discount can also apply;
- 415 R$: in case of trademark registrations with no pre-defined specifications (also the amount per each class of goods or services);
- 140 R$: for the submission of amendments required by formal examination and/or for the submission of amendments from a petition for conformity examination;
- 754 R$: the fee for the renewal of the trademark, when this is done within the regular term for renewal, and per each class;
- 475 R$: for an appeal for a trademark; the opposition of a trademark (per class) is subject to a 355 R$ fee.
Please keep in mind that these fees can be subject to change.
How fast are trademark applications processed?
Applicants should expect a period of 24 months for the processing of the registration, although in some cases this can be longer. This is the estimated period between the date on which the application is filed and the date on which the final decision is communicated by the INPI.
Contact us if you need more information about trademark registration in Brazil, as well as if you require assistance during this procedure.