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Are you seeking trademark registration in Brazil but unaware of the process? At Enterslice, we ensure smooth trademark registration with a 98% approval rate, the best in the industry.
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Protect your brand in an excellent market presence in the largest economy in South America with Brazil TM registration. Apply for a trademark in Brazil with Enterslice.
Trademark registration in Brazil ensures the legal protection of a brand’s identity and recognition. It helps entrepreneurs and businesses establish a strong market presence in the emerging markets of a developing country that is the largest economy in South America and the 10th largest economy in the world, with a gross domestic product (GDP) of US$2.310 trillion coupled with its global presence.
Trademark registration in Brazil provides a 10-year long-term trademark registration protection with an easy renewal process after the expiration of the registered trademark license for trade mark registration in Brazil.
Federal Law No 9,279/96 (“Intellectual Property Law”) is the primary law that governs the registration and protection of trademarks such as Word, Figurative, Mixed, Three-Dimensional (3D), Position, Collective, Certification, and Service Mark. The law also cancels trademarks that aren’t in use for a period of 5 years post the initial trademark registration. Brazil also complies with the Paris Convention, Madrid Protocol, Nice Agreement, and Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs).
Distinct Brand Recognition
Protection Against Copycats
Registration Validity for 10 Years
Global Trademark Protection
Easy Renewal Process
100% Transparency in Fees
Prevent Trademark Infringement
Brazilian Customs Enforcement
Trademark registration in Brazil provides several benefits, such as legal protection and exclusive rights. The benefits of trademark registration in Brazil are as follows:
Brazil TM Registration grants exclusive rights to the owner by authorizing them with legal rights of goods and services for various business purposes such as franchising, licensing, and mergers & acquisitions. It also helps restrict the unauthorized use of counterfeiting brands.
Brazil TM Registration authorizes the owner with legal rights under Federal Law No 9,279/96 (“Intellectual Property Law”) against the unauthorized use of registered trademarks by copycats. The trademark owner is entitled to file lawsuits and claim damages against the unauthorized use of their trademarks.
Brazil TM Registration provides brand recognition through its unique identity, which further helps build the customer’s trust and credibility. Brazil trademark registration helps create brand loyalty with the customers in Brazil’s diverse consumer markets.
Brazil TM Registration helps business expansion by granting exclusive rights to their brand, allowing competitive advantage in Brazil’s emerging markets, building customer trust, and enhancing asset valuation through the way of licensing and franchising.
Brazil TM Registration authorizes the owner to obtain international trademark protection in the global market through the means of the Madrid Protocol. Brazil trademark registration helps the owner to expand the brand into the global market with a single-window application system, which reduces the hefty administration processes involved in filing separately in each country.
Brazil TM Registration helps trademark owners establish powerful brand acceptance by granting exclusive rights to their brands, which helps build long-term relationships with customers by instituting trust, building the brand’s loyalty, and recognition in the consumer market.
Brazil TM Registration increases the brand value of a product or service, thereby making it an intangible asset for individual entrepreneurs and businesses. A trademark owner can sell, license, and franchise a registered trademark. Brazil trademark registration also helps in increasing the brand credibility, which helps the owners with promising investments.
Brazil TM Registration assists the owners in preventing the import of counterfeited goods in the Brazilian territory with the help of Brazilian Customs Authorities [Receita Federal do Brasil" (RFB)]. Brazil trademark registration helps curb the outflow of counterfeited products into the Brazilian consumer market.
The process of trademark registration in Brazil is as follows:
The applicant must conduct a proper a trademark business name in Brazil search through the National Institute of Industrial Property (INPI)’s e-Marcas search data base to check the availability of the desired trademark business name.
The applicant must submit the trademark registration application with necessary documents such as identification details, trademark description summary, power of attorney (POA) if applicable, and tax identification numbers with the National Institute of Industrial Property (INPI).
The National Institute of Industrial Property (INPI) trademark officials conduct the initial examination of the application and publish the trademark on the Brazilian official gazette (Diário Oficial da União- Official Diary of the Union)
The National Institute of Industrial Property (INPI) provides an 8-week opposition period for third parties to file objections concerning the newly published trademark.
The National Institute of Industrial Property (INPI) conducts an extensive examination of the application to determine the legality of the trademark post the opposition period.
The National Institute of Industrial Property (INPI) approves and publishes the trademark in the Brazilian official gazette (Diário Oficial da União- Official Diary of the Union).
The National Institute of Industrial Property (INPI) issues the trademark license certificate post the final registration fee payment by the applicant.
The National Institute of Industrial Property (INPI) takes around 12 to 18 months to register a trademark in Brazil. The timeline for Brazil Trademark Registration is as follows:
The applicant usually takes around 1 to 3 days to conduct a trademark business name in Brazil search through the National Institute of Industrial Property (INPI)’s e-Marcas search data base.
The applicant takes around 1 to 5 days to gather the necessary documents and submit the trademark registration application through the e-INPI portal of the National Institute of Industrial Property (INPI) website.
The National Institute of Industrial Property (INPI) officials conduct an initial examination of the application and publishes the trademark in the Brazilian official gazette for third party oppositions.
The National Institute of Industrial Property (INPI) allows an 8-week opposition period for third parties to raise objections concerning the newly published trademark in the Brazilian gazette.
The National Institute of Industrial Property (INPI) takes 4 to 8 months to conduct an extensive examination of the trademark application to determine the legality of the trademark post the opposition period.
The National Institute of Industrial Property (INPI) takes 8 to 12 weeks to approve and publish the trademark in the Brazilian official gazette (Diário Oficial da União- Official Diary of the Union).
The National Institute of Industrial Property (INPI) takes 8 weeks to issue the trademark license certificate post the final registration fee payment by the applicant.
The list of documents that are required for Brazil TM registration is as follows:
Trademark application form
Name, address, and other relevant documents of the applicant
Tax Identification number [Cadastro de Pessoas Físicas- (CPF)] for individuals
Tax identification number [Cadastro Nacional da Pessoa Jurídica- (CNPJ)] for corporations
A representation and summary of the trademark
List of products or services as per the Nice Classification (NCL)
The Brazilian Federal Revenue Collection Slips (GRUs) payment receipt
Notarized copy of Power of Attorney (POA) for foreign applicants
Priority and Translated documents, if any
Intent of use declaration
Yes, the Trade Mark Registration in Brazil is eligible for renewal. Trademark registration in Brazil is valid for 10 years. The applicant must renew the Brazil trademark registration through the National Institute of Industrial Property (INPI) e-Marcas module online trademark renewal service within the last 12 months of the current 10-year trademark registration period for an additional fee. The INPI also provides a 6-month grace period post the trademark expiration for an additional surcharge with the renewal fee.
The INPI requires the applicants to provide proof of continuous use declaration at the time of the trademark renewal. The INPI will cancel a trademark on the non-renewal of a trademark post-expiration.
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The allotment of different types of Trade Mark Registration in Brazil helps entrepreneurs differentiate a product or service from others in the market. The types of trademarks for Brazil trade mark registration are as follows:
A word mark is a trademark that consists of one or more words, letters, or numbers in a definite format. It protects words and combination of words, letters, or numbers. Some examples include “Itaú”, a Brazilian banking service company and “Havaianas”, a famous Brazilian shoe company.
A figurative mark consists of images, logos, or symbols without any word elements. A figurative mark protects the graphical representation of a brand. An example includes the specific bitten apple logo by Apple Inc. and the Puma jumping cat logo by the famous shoe brand, Puma.
A composite mark is a trademark that consists of texts and images. It protects both the words and graphical representation of the brand. An example includes the Brazilian Banco Bradesco’s trademark that consists of words with specific tree logo show casting the bank’s security.
A three-dimensional (3D) mark is a trademark that protects the peculiar 3D shape or package of a brand. Some examples include the Coca-Cola bottle with its famous molded shape bottle and the Toblerone Chocolate Bar’s triangular 3D shape.
A position mark is a trademark that protects the specific placement of a design or character of a brand’s identity. It mainly focuses on the placement rather than the actual product. An example includes the iconic three stripes of Adidas shoes.
A collective mark is a trademark that protects a mark, which is collectively used by a group of companies or associations. This type of trademark enables the group or association to demonstrate their obedience to certain standards. An example includes the “Frutas do Brasil” that is used by Brazilian fruit producers all across the globe.
A certification mark is a trademark that is used to specify that a product meets certain standards, which relate to the quality, manufacturing, and origin of the product. An example includes the Brazilian ABNT Certificação (ABNT Certification) that is used in construction and manufacturing businesses.
A service mark is a trademark that mainly focuses on the service of a brand. It can include words, sentences, or logos. This trademark offers protection to a brand’s service. An example includes Globo, a famous Brazilian media company that uses a service trademark for its television entertainment services.
Applicants need to understand how to Register a Trade Mark in Brazil before applying for trademark registration in Brazil. The checklist for Brazil TM Registration is as follows:
All industries that produce goods and services with a distinctive identity must register a trade mark in Brazil with successful Brazil trademark registration.
Top 10 Industries that Need to Register a Trade Mark in Brazil
Top 10 Businesses that Need Brazil Trademark Registration
The post-registration compliances for Brazil Trade Mark registration are as follows:
We have a decade of experience in intellectual property registration. Enterslice helps businesses and global entrepreneurs get easy and cost-effective trademark registration in Brazil. We make the trademark registration process in Brazil simple and hassle-free. Given below are the key reasons why Enterslice should be your first choice for Trade Mark Registration in Brazil:
Trademark registration in Brazil ensures individuals and businesses with legal protection and exclusive rights to safeguard their products and services against counterfeiters. Brazil TM Registration also equips trademark owners with brand protection, business growth, and global business expansion.
The different types of trademark registration in Brazil are as follows:
Trade Mark Registration in Brazil ensures individuals and businesses with legal protection and exclusive rights to their products and services against counterfeiters. Brazil TM Registration also equips trademark owners with brand protection, business growth, and global business expansion.
Trademark registration in Brazil costs BRL745. There's an additional BRL20 for products or services apart from the original classification. There’s a BRL170 charge for classification of up to 5 products and services.
The cost of renewal for Brazil trademark registration is BRL1,065. There’s an additional surcharge along with the renewal fee if the applicant fails to renew Brazil TM Registration within the six-month grace period.
The benefits of Brazil trademark registration are as follows:
The documents that are required for trademark registration in Brazil are as follows:
The eligibility criteria for Brazil trademark registration are as follows:
The businesses that require trademark registration in Brazil are as follows:
The time frame for trade mark registration in Brazil takes around 12 to 18 months. The timeline for trade mark registration in Brazil is as follows:
The procedure for trade mark registration in Brazil is as follows:
The National Institute of Industrial Property (INPI) is the primary trademark agency in Brazil that provides trademark services such as trademarking business names through their online database, reviewing trademark applications, approving and publishing the trademark, entertaining trademark oppositions, renewing trademarks and related activities for entrepreneurs who want to register a Trade Mark in Brazil.
The National Institute of Industrial Property (INPI) publishes the trademark in the Brazilian official gazette (Diário Oficial da União- Official Diary of the Union) post the application approval.
The National Institute of Industrial Property (INPI) provides a 6-month grace period post the trademark expiration for an additional surcharge with the renewal fee. The INPI is entitled to cancel a trademark registration if the applicant fails to renew the registration during the grace period.
The trademark registration in Brazil provides a 10-year long-term trademark registration protection with an easy renewal process after the expiration of the registered trademark license for trade mark registration in Brazil.
No, the National Institute of Industrial Property (INPI) doesn’t reinstate a cancelled trademark. However, the applicant can file a fresh application after the grace period expiration of the trademark registration in Brazil.
The National Institute of Industrial Property (INPI) has prescribed an 8-week time limit from the trademark's official publication in the Brazilian official gazette (Diário Oficial da União- Official Diary of the Union) for third parties to file objections against the newly published trademark.
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“I have registered my Trademark through them. The application was filed within 3 days. And the charges were also very reasonable. We got TM Approved in 6 month’s time without any re-submission or objection. They charge high to deliver the best in industry.”
“I would like to thank the Enterslice team for the excellent business plan made by them. They understood our requirement and gave us exactly what we wanted. Thank you Team Enterslice.”
“Thanks for your services. The team is really professional. They make sure that things are delivered in time. The best part about Enterslice is the consultative approach and guiding us on all our business matters.”
Haiden Group - UAE
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