The Trademark Registration Process: Step by Step
Registering a trademark in Brazil involves several clear stages, each with its own requirements and timeline. Below is a concise, up-to-date overview of the process from initial search to final grant.
1. Trademark Search
Once we have information about your trademark, we will conduct a preliminary search on the Brazilian Trademark Office (INPI) database for existing trademarks that may conflict with your proposed mark. This helps reduce the risk of refusal or opposition.
2. Application Filing
The application is filed electronically, including details of the applicant, a clear representation of the mark, and a list of goods or services.
3. Formal Examination
The Brazilian Trademark Office conducts a formal check to ensure all required information and documents are present. If there are any deficiencies, the applicant is notified to correct them.
4. Publication in the Official Gazette
Within approximately 8 weeks from filing, the application is published in the Official Gazette. This publication serves to inform the public and opens a 60-day period for third parties to file oppositions.
5. Opposition Period
During the 60 days following publication, any interested party may file an opposition, presenting arguments against the registration of the trademark. The applicant has the right to respond to any oppositions filed.
6. Substantive Examination
After the opposition period, The Brazilian Trademark Office examines the application on absolute and relative grounds, considering any oppositions and responses. This stage includes a review of distinctiveness, legality, and possible conflicts with earlier marks.
7. Decision and Grant
If the application is approved, the decision to grant the trademark is published and you will be immediately informed. The total time from application to grant is currently about 14 months. Once granted, a FINAL FEE must be paid to secure registration and obtain the certificate.
8. Registration and Renewal
The trademark is registered for 10 years from the date of grant and can be renewed indefinitely for additional 10-year periods, provided renewal fees are paid.
Summary Timeline
- Application to Publication: Less than 8 weeks
- Publication to Grant: Approximately 14 months
Conclusion
The Brazilian trademark registration process is efficient and transparent, with clear stages and predictable timelines. Staying informed at each step helps ensure a smooth path to protecting your brand in Brazil.