Go to content
Balder Logo
  • Home
  • About us
  • Specialties
  • Latin America
  • Latest insights
  • Contact
Log in
  • Home
  • About us
  • Specialties
  • Latin America
  • Latest insights
  • Contact
Log in
Follow us on FacebookFollow us on TwitterFollow us on Linkedin

Prosecution Of A Trademark Application In Brazil

FILING

FORMAL EXAMINATION

PUBLICATION

OPPOSITION PERIOD

SUBSTANTIVE EXAMINATION

REGISTRATION FEES

GRANTING

CERTIFICATE OF REGISTRATION

FILING

The filing date of a Brazilian trademark is the one assigned when filing the application.

If priority is claimed, the filing date will remain the same but the priority date will be the one claimed.

FORMAL EXAMINATION

Within approximately 30 days from the filing date

The Brazilian Trademark Office will determine if the application meets the formal requirements and if it does, the trademark will be published.

PUBLICATION

Within approximately 30 days from the formal examination

When the Brazilian Trademark Office deems the application meets the formal requirements, the application will be published in the Official Gazette for opposition purposes. The Official Gazzette is published on a weekly basis.

OPPOSITION PERIOD

Publication + 60 days.

The opposition period starts as soon as the trademark is published and the period for a third party to file an opposition ends 60 days after publication.

If no opposition was filed and the 60-day opposition period has ended, the trademark will undergo a substantive examination.

SUBSTANTIVE EXAMINATION

The examination will be concluded within 18 months from the filing date.

During this phase, the Trademark Office will analyze the application on both absolute and relative grounds of refusal. This includes a search to determine potential legal obstacles.

If no obstacles are found, the application will be allowed for registration.

REGISTRATION FEES

60 + 30 days counted from the Allowance Decision.

After the Brazilian Trademark Office publishes the allowance decision, the applicant has 60 days to pay the final registration fees. A 30-day extension is possible, though an additional fee would apply.

If the fees are not paid, the application will be declared abandoned.

GRANTING

Once the registration fees have been paid, the Brazilian Trademark Office publishes the granting decision in the Official Gazzette.

The mark will be protected for a period of 10 years, starting as from the granting date.

 

CERTIFICATE OF REGISTRATION

After the granting decision has been published in the Official Gazzette, a digital registration certificate is issued.

Useful Information

According to Brazilian Law a cancellation can be requested by third parties and if the trademark has not been used for 5 years, counting from the registration date, it will be cancelled. 

It is relevant to also note that the use of the mark is not evaluated ex officio by the BRTMO, nor the owner must file periodically any prove of use. The evaluation of the use of a trademark is only done in the eventuality that a cancelation action is filed. 

MADRID

Paseo de la Castellana, 93
28046 Madrid, Spain
p.: +34 911 336 879
f.: +34 911 331 348
madrid@balderip.com

BARCELONA

Diagonal, 640
08017 Barcelona, Spain
p.: +34 935 475 532
f.: +34 911 331 348
barcelona@balderip.com

BILBAO

Gran Via, 19-21
48001 Bilbao, Spain
p.: +34 944 359 809
f.: +34 944 359 600
bilbao@balderip.com

PAMPLONA

Arcadio Maria Larraona, 1
31008 Pamplona, Spain
p.: +34 948 198 726
f.: +34 911 331 348
pamplona@balderip.com

Call us, we speak
Quality Policy
Privacy Policy
Contact
Client Area
© 2023 Balder IP Law S.L. All rights reserved.
Follow us on FacebookFollow us on TwitterFollow us on Linkedin

Legal information

The data and information that we receive at the above email address will be handled with maximum diligence and confidentiality, as is required by the Privacy Policy. The CVs sent to the above email address will be included in an internal database, property of BALDER IP LAW, S.L., which will be responsible for the handling of the same for the purpose of their inclusion in selection processes that may be opened.

In compliance with and as established in the Ruling (EU) 2016/679 General Data Protection Registry (GDPR) and the Organic Law 3/2018 of Personal Data Protection and guarantee of Digital Rights (LOPDGDD), any personal data will be handled for the described purpose.

This data processing is based on your compliance.

We will preserve your data for a maximum period of one year.

We will not communicate data to third parties.

You may revoke your consent at any time. You can also exercise your rights of access, rectification, deletion and opposition at any moment, as well as those of limitation and portability for which you should contact us at cv@balderip.com. CVs sent to email addresses other than the specified herein or via other channels will not be considered.

You also have the right to file a complaint with the Spanish Data Protection Agency (www.agpd.es) although we respect your privacy and will duly attend to your rights.