Individuals and legal entities are eligible to file a request. Since collective trademarks are allowed, if you decide to register one of those, remember that in this case the law requires that the application be presented by a legal person that represents all those who wish to collectively register the trademark. Brazilian legislation requires a direct link between the business line of who is registering a brand and the product classes to which that brand relates. So, to make things clearer, a restaurant chain could not register a trademark for cars and motorbikes. This requirement is easily fulfilled by presenting a sworn statement – an affidavit – at the same time when you file your registration application. This peculiarity makes it so that trademarks are protected only in relations to the product classes they are registered for, barring the cases of notorious trademarks in Brazil, which enjoy protection across the whole spectrum, and notorious trademarks abroad, which are protected even if they are not registered in Brazil. The good news is that, once it is registered, a brand is protected in the whole country. The registration procedure is rather cumbersome. For each product class you want to register a brand for you need to file a separate application. PRO TIP: besides the product classes of your choice, always submit a request also for product class 35 “Advertising; business management; business administration; office functions.” It is a common trick for Page 21 E The Magazine for Today’s Female Executive
malicious individuals to re-register an already registered brand by submitting an application for class 35 alone, which is rather generic thus allowing a loophole to circumvent the impossibility to register in more specific classes. By always registering your brand in class 35 too you prevent illintentioned competitors to abuse this exploit. When you file an application, the trademark is published on the Journal of Industrial Property (RPI) and within 60 days from the date publication third parties may present opposition to your request. In turn, the original submitter has additional 60 days to present their defense. In the absence of any opposition the Patent office proceeds with the novelty assessment after 60 days from the publication have passed. If the result is favorable they issue a registration certificate upon payment of final registration fees. You can expect your trademark to be fully registered in 24 months, if there are no objections and it also passes the novelty assessment without any accident, but be warned that the procedure can be dragged to up to 5 years if on the other hand something does not go according to plans. Trademark registration lasts for 10 years and can be renewed for the same length an unlimited number of times. Be careful though, a trademark must be used for real withing five years from the registration to avoid being susceptible of revocation at the request of interested parties.
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