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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Benelux. If you want to proceed this way please follow the steps described below.
Step 1 - Trademark Comprehensive Study
Before filing your trademark in Brazil it is important that you evaluate possible obstacles that may arise during registration process. Our Trademark Comprehensive Study will not only list similar trademarks (graphic & phonetic) that may conflict with yours, but also give you an Attorney's opinion about registration probabilities and the class(es) that belong your product/services.
Trademark Class Recommendation
Graphic & Phonetic Similarity Trademark Search
Trademark Attorneys Analysis & Advice
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Step 2 - Trademark Registration Request
Your Trademark Application will be filed by specialized attorneys in Brazil, who will carry out all needed tasks before the Trademark Office in Brazil in order to obtain registration approval. As soon as your trademark is filed we will send you a filing report which will include application number and date, plus a scanned copy of filed trademark application in Brazil.
Process Handled by Experienced Trademark Attorneys
Filing Report & Scanned Copy of Application
Online Tracking of the Registration Process
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Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our attorneys will complete all necessary requirements in order to obtain the registration certificate in Brazil. After the certificate is issued, it will be forwarded to your address along wit h a registration report specifying registration number, registration date and any special consideration that should be taken into account in Brazil.
Process Handled by Experienced Trademark Attorneys
Delivery of the Registration Certificate & Report
Monitor & Reminder of important dates
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 Frequently Asked Questions
Trademark Registration
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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 30 months, if no objections or oppositions arise.

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If I register my trademark in Brazil, do I have protection in other territories?

No. A registered trademark is protected only in Brazil.

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Do I need to sign a Power of Attorney?

Yes. All applicants are required to submit a power of attorney.

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Are there any benefits from a pre-filing use of the trademark?

Prior use of a mark for a minimum of 6 months can be cited as a ground for claiming a “right of precedence.”

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Will there be problems in case I don’t use my trademark after registration?

Yes. Third parties may attack a registered trademark on the ground of non-use.

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What are the types of trademark that can be registered in Brazil?

The following marks are accepted for registration:

  • Words
  • Devices
  • Names
  • Some three-dimensional shapes
  • Get-up or trade dress
  • Colours
  • Collective marks
  • Well-known marks
  • Certification marks
  • Service marks
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What are the phases of application after a trademark has been filed in Brazil?

There are three phases of a trademark application in Brazil:

  1. Publication – Filing particulars are published online: mark, applicant’s name, country, application date, good/service, representation, etc.
  2. Examination – The application is examined in respect to: classification, formalities, descriptiveness, clarity, deceptiveness, conflict with an earlier right
  3. Registration – The trademark is officially registered once opposition is settled
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What type of trademark is not registrable?

Applicants may not register the following marks:

  • Marks that contradict principles or morality and public safety/order
  • Generic words or terms
  • Flags, names, or symbols of any state, nation, or international organization
  • Marks that do not show distinctiveness
  • Marks that are used primarily as a geographical name
  • Marks with geographical indications
  • Marks that are used as an advertising means
  • Scientific, literary and artistic terms
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Does Brazil use the "Nice Classification" system?

Yes. The Nice Classification system is followed in Brazil.

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Does the Community Trademark apply for Brazil?

Because Brazil is not a European Union member, the Community Trademark is not effective in this jurisdiction.

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Is there any possibility to claim priority in Brazil?

It is possible to claim priority application in Brazil when:

  • The applicant’s home country is a signatory of the Paris Convention
  • The application in the home country was filed 6 months earlier than the application date in Brazil
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What do I need to do to satisfy the use requirement?

A registered trademark must be used 5 years from the date of registration or within 5 years prior to non-use attack. It must be used for a commercial purpose and must occur in the jurisdiction of Brazil.

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Once my trademark has been registered, for how many years will be valid?

A registered trademark in Brazil is valid for 10 years counting from the registration date.

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What will be the renewal date of my trademark?

The first renewal of a registered trademark will take place 10 years from the registration grant date.

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Is it legal to use my trademark even if it is not yet registered?

Unregistered marks may be used legally provided the following conditions are met:

  • The mark is not prohibited by the Brazilian laws
  • The mark is not in conflict with any notorious mark
  • The mark is not contrary to Brazilian customs and principles of morality
  • The mark is not offensive to religious beliefs
  • The mark is not misleading with regards to its origin or nature
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Does having a registered trademark in Brazil give me any right?

Registration is necessary in order to obtain rights to a trademark. The “first to file” rule applies with an exception for notorious or well-known marks

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What is the web address of the trademark national office?

Visit Brazil’s national office online at: http://www.inpi.gov.br/

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Is there any need to use my trademark before I apply for registration?

Yes. Actual use or intent to use is required for the application.

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Can a Trademark Application be opposed?

Yes. The opposition is available on the following grounds:

  • Proprietary right
  • Mark is descriptive
  • Mark is not distinctive
  • Mark is misleading or deceptive
  • Breach of copyright
  • Rights of notorious marks
  • Rights of trade names
  • Rights under Article 6septies of the Paris Convention
  • Rights in registered design
  • Rights in a personal name
  • Rights in a company name
  • Unauthorized use of protected emblems or national insignia
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Who can contest my trademark registration?

Owner of an earlier right or any interested party can oppose a trademark registration.

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Is it possible to cancel a registration?

Yes. A registered trademark may be cancelled on the following grounds:

  • Descriptive mark
  • Not distinctive mark
  • Misleading mark
  • Functional mark
  • Mark includes a geographical indication
  • Mark is against morality or public order
  • Mark includes a protected emblem or badge
  • Application was made in bad faith
  • Use requirements under Section VIII.A are not met
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Are there any rights established by having a registered trademark?

Owners of a registered trademark obtain the following rights:

  • Exclusive right to use the mark
  • Right to oppose later conflicting applications
  • Right to bring cancellation to later conflicting registrations
  • Right to file an infringement case against third parties for using a confusingly similar mark
  • Right to license third parties to use the mark
  • Right to request for seizure of counterfeit goods
  • Right to receive damages for infringement
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How long is the opposition period?

The opposition period will start on the date the application is published on the Official Bulletin.

 

The opposition period will end on the 60th day of the publication on the Official Bulletin.

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Is Brazil a member of the Madrid System?

No. Brazil does not follow the Madrid System or the Madrid Protocol.

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Do I need to present periodic statement of use?

No. Periodic statements of use are not required.

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When should I renew my trademark?

Subsequent renewals for a trademark are done every 10 years.

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What will be the renewal date of my trademark?

The first renewal of a registered trademark will take place 10 years from the registration grant date.

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Is there any documentation that should be presented when renewing a trademark?

None. However, a power of attorney is needed if the renewal will be processed by a different attorney or not by an attorney-of-record.

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If my trademark expires, do I have a grace period?

After the renewal date has expired, owners are given 6 months to restore the mark.

Basic Questions
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What is a trademark?

A trademark identifies products and services in order to distinguish them in the market. The name, the verbal element, is not the only component that distinguishes a trademark; figurative elements such as logos, design, images, colors and sounds also create an identity that can be protected through trademark registration.

 With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this symbol to show that the trademark has been filed at the trademarks office and is still undergoing the registration process.

SM Some countries use this symbol to show that the service mark has been filed at the trademarks office and is still undergoing the registration process.

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What is the difference between a trademark, patent and copyright ?

There are many ways to lay claim to your work. Trademarks, patents, and copyrights offer protection for owners of intellectual property. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or a service in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea because we all have them. You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to a problem to secure a patent.

Copyright protect published, performed, or printed creative works. People who produce artistic or musical work seek to protect their “right” to stop others from “copying” what they do. Copyright protection protects any original creative works of authors including:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

A trademark, patent, or copyright are all examples of ways you protect your intellectual property. Your right to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

You recognize a registered trademark by the symbol of a circle-R following the trademark name or graphic image. Various typographic symbols show copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but a best practice is to use a circle-R or circle-C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM sign shows the brand name for an unregistered trademark classified as a product (classes 1 to 34). The owner uses this sign to mark what they believe is their brand mark.
  • SM: The SM sign is identical to the TM sign except it designates a service mark (classes 35 to 45).
  • ®: ®: Use the ® symbol once you register a trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to mark a copyright. The word copyright is substitute sign for Follow it with the year of the publication and owner's name. Use it whether the work has obtained copyright registration or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe are best describe your business activity. 

There are 45 classes – 34 for products and 11 for services – which countries from around the world have standardized for international use under the "Nice International Classification".

These classes group all known products and services. You can register the same trademark if there are similar classes, for example, you may register the trademark KING for computers in class 23, and you can also register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is possible, then for two entities conducting business in different classes to use the identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. You can choose multiple classes under which to conduct business if you feel the protection must extend beyond only one class.

You can perform a search of your class with the following tool Trademark Class Search

 
Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? In the United States, under what common law, people can lay claim to a mark if they use it. It is not necessary to formally register a trademark. This fact and the sovereignty states have over the creation of chartered business entities and trade names, makes a trademark search imperative before one spends time and money registered a trademark.     

Too many people use a name without knowing if they have legal coverage, and they put up big marketing campaigns with names that later they find they cannot use. Performing a Comprehensive Search Study before you decide to register your brand mark is a wise decision especially when you consider future risks of litigation. 

It is a good idea to conduct a Study before you start doing business with a trademark.  It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  That company may be able to object to your use of the trademark and prohibit you from using the mark in a court of law.

 
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What is a preliminary trademark search?

Your preliminary trademark search is an important first step before you spend time and money considering whether to apply for a potential trademark or not.

If you have trademark experience, you can use free online resources like our Trademark Searchengine, or the Trademark Electronic Search System(TESS) offered to the public by the US Patent and Trademark Office(USPTO) to search for existing marks that are identical to your planned trademark. While preliminary trademark searches are a critical part of your registration process, a successful search that show no conflicts with identical marks does not necessarily mean the Trademark Office will not reject your registration application. 

if you have little or no experience dealing with trademarks, we suggest you find a professional help. Our company offers the offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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How do I perform a trademark search?

First, we recommend your start by defining the class you want to register. You can find your class, using our Trademark Class Search tool. Using this tool you enter your product/service, and it will tell you the class or classes you should register.

After you have found your class(es), you can go directly to your country's Trademark Office and perform the search there. You can also try our Trademark Search engines. 

When searching, try different combinations of your name. For example, if you are searching for AMAZON, look for AMASON, HAMAZON, or similar word patterns. Try several different combinations of words and spellings.

Notice that several countries do not have online trademarks databases. You must go to local Trademark Office and ask for a list of trademarks.

Trademark Search may be challenging and time-consuming and, if you do not have the time or experience, our company offers the service Trademark Comprehensive Study. The Study will give you details about the classes where you might want to register your trademark, it will also include a list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you find a professional help. Our company offers the offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

 
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Where can I perform a trademark search?

If you have some knowledge about trademark registration, you can search using our Trademark Search engine. If not, we recommend hiring a trademark attorney or trademark service like Marcaria.com to handle your trademark registration requirements, especially a trademark search because the entire process is complex and takes time.

Notice that if you do not complete the application process carefully, the registration process could be extended many months and cost far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace given the increasing number of unregistered and common law marks. Globalization of markets also raises the question of entering international markets and registration of marks in foreign countries to protect your brand and your property rights.

You need to understand that even a completed comprehensive trademark search does not guarantee acceptance and registration of your mark. A Marcaria.com Trademark Comprehensive Study includes a more extensive review process and, more significantly, a formal opinion estimating the probability of your application's acceptance.

 

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