1、 Brazilian Trademark 1. Brazilian law belongs to the civil law system, and its trademark law adopts the principle of prior application. The prior applicant of the trademark is eligible for trademark registration.
2. Brazilian trademark law protects commodity trademarks and service trademarks. In addition, trademark law also protects certification trademarks, collective trademarks, and unique advertising phrases.
Brazil adopted the Nice Agreement on the International Classification of Goods and Services on January 3, 2000, and does not accept the practice of one trademark application containing multiple product or service categories. Instead, it adopts the practice of each application containing only one category of product or service and paying official fees separately.
4. Brazil is a signatory of the Stockholm Protocol to the Paris Convention, as well as a member of the World Intellectual Property Organization and the Trips Agreement.
2、 Required documents for Brazilian trademark application
1. Apply as a legal entity, with one copy of the Business License or valid registration certificate stamped with the official seal; Apply as a natural person with one copy of personal identification document attached;
2. The applicant's detailed information (in both Chinese and English), including name or title, nature, nationality, as well as detailed address, postal code, and contact information;
3. Electronic trademark samples;
4. Product name and category;
5. The signed power of attorney does not require notarization or authentication.
3、 Brazilian trademark application registration
1. Applicant qualification: The trademark applicant must effectively carry out commercial activities within the applied product or service field, which can be directly or indirectly carried out (such as holding company stocks, etc.). However, when applying for a trademark, it is not necessary to submit relevant documents for the above activities, and only a trademark use declaration signed by the applicant is required. Any good faith use of the same or similar trademark on identical or similar goods in Brazil for at least six months prior to the trademark application date or priority date shall have priority in obtaining trademark registration.
2. Application process (smooth progress):
(1) Formal examination: the legality examination of the submitted application documents, trademark designs, power of attorney and other documents after the application is submitted; Those who meet the requirements will be granted the application date and application number.
(2) Substantive examination: Based on the law, examine whether the trademark has registrability, whether it is the same or similar to a previously registered trademark, and whether it violates the prohibition clause of the Trademark Law. For trademarks that fail substantive examination, the examiner will notify the applicant in writing and inform them of the reasons for rejection. The applicant may submit a re examination within the time limit from the date of receiving the rejection notice. Otherwise, the application will be deemed abandoned, and the application date and number will not be retained.
(3) Announcement: After examination, the examiner believes that the trademark application can be accepted and will publish an announcement on the official trademark announcement in Brazil. The objection period is 2 months from the date of announcement.
(4) Registration approval: Trademarks that have been ruled to be eligible for registration after opposition, or trademarks that have been published without opposition, will be approved for registration and a registration certificate will be issued. The entire smooth application process (if there are no rejections, objections, etc.) will take approximately 36-48 months.
3. Brazilian trademark validity period: 10 years from the date of registration. If the trademark needs to be continued to be used after the expiration of the registration validity period, an application for renewal registration should be submitted 6 months before the expiration of the registration validity period. Each renewal registration is valid for 10 years.
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