Registering a trademark in Brazil is a crucial step to protecting a company's intangible assets in one of Latin America's largest markets. For foreign holders, the procedure may seem complex, but with adequate knowledge and the assistance of intellectual property experts, the process can be simplified. This article offers a detailed guide on filing trademark registration in Brazil for foreign holders, covering the main aspects and steps of the procedure.
1. Understanding the Brazilian Trademark System
Trademark registration in Brazil is regulated by the Industrial Property Law (Law No. 9.279/1996), administered by the National Institute of Industrial Property (INPI). Brazil adopts the “first-to-file” system, that is, brand protection is granted to the first applicant to file the application.
2. Who Can Register a Trademark in Brazil?
Foreign owners, whether individuals or legal entities, can register their trademarks in Brazil. However, to do so, it is necessary for the foreign holder to appoint a legal representative domiciled in Brazil to act on their behalf before the INPI.
3. Steps to Filing Trademark Registration
a) Appointment of a Legal Representative
As mentioned, the first step is to appoint a legal representative in Brazil. This representative can be a lawyer or a company specializing in intellectual property that will take care of all the necessary procedures.
b) Previous Search
Before making the deposit, it is recommended to conduct a background search to check whether there are already similar or identical brands registered with the INPI. This step can avoid future conflicts and increase the chances of registration success.
c) Documentation Preparation
Documents required for filing include:
- Power of attorney signed by the trademark holder, authorizing the legal representative to act on their behalf.
- Detailed description of the brand and the class of products or services to which it applies, according to the Nice International Classification.
- Proof of payment of the deposit fee.
d) Order Deposit
The trademark registration application is made electronically through the e-Marcas system, available on the INPI website. The legal representative must complete the filing form, attach the necessary documentation and pay the filing fee.
e) Process Monitoring
After filing, the INPI carries out a formal analysis and, subsequently, an analysis of the merits of the request. During this period, the registration request is published in the Industrial Property Magazine (RPI) to enable third party opposition. If there is no opposition or after the resolution of possible oppositions, the request proceeds to the merits examination phase.
f) INPI decision
Once the merits examination has been completed, the INPI decides whether to grant or reject the request. If granted, the holder must pay the registration certificate issuance fee and the first five-year payment for registration to be effectively granted.
4. Validity and Maintenance of Registration
Trademark registration in Brazil is valid for 10 years from the date of granting, and may be renewed for equal and successive periods. Maintaining the registration requires the payment of five-yearly payments, which confirm the continued use of the brand in the Brazilian market.
5. Final Words
For foreign owners, brand protection in Brazil is essential to ensure the exclusivity of their products and services in the national market. Although the process involves several steps and requirements, having the guidance of an experienced intellectual property office can make the procedure more efficient and safe.
At our office, we are committed to helping foreign companies protect their intangible assets in Brazil, offering complete support from the appointment of a legal representative to the ongoing monitoring of trademark registration. Contact us to learn more about how we can help protect your brand in Brazil.
