Trademarks—Brazil—Q&A guide
Trademarks—Brazil—Q&A guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Trademarks—Brazil—Q&A guide
  • 1. What is the primary legislation governing trademarks in your jurisdiction?
  • 2. Which international trademark agreements has your jurisdiction signed?
  • 3. Which government bodies regulate trademark law?
  • 4. Who may apply for registration?
  • 5. What may and may not be protected and registered as a trademark?
  • 6. Can trademark rights be established without registration?
  • 7. Is a famous foreign trademark afforded protection even if not used domestically? If so, must the foreign trademark be famous domestically? What proof is required? What protection is provided?
  • 8. What are the benefits of registration?
  • 9. What documentation is needed to file a trademark application? What rules govern the representation of the mark in the application? Is electronic filing available? Are trademark searches available or required before filing? If so, what procedures and fees apply?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to trademarks in Brazil published as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2020).

Authors: Bhering Advogados—Philippe Bhering; Jiuliano Maurer

1. What is the primary legislation governing trademarks in your jurisdiction?

In Brazil, the primary legislation governing trademarks are the Federal Constitution and the Brazilian Industrial Property Law (Law No. 9,279 of 14 May 1996).

2. Which international trademark agreements has your jurisdiction signed?

Brazil is a member of the Paris Convention for the Protection of Industrial Property and of the Agreement on Trade-Related Aspects of Intellectual Property Rights. Also, Brazil has filed with the World Intellectual Property Organization its accession to the Madrid Protocol, which entered into force on 2 October 2019.

3. Which government bodies regulate trademark law?

The Brazilian Patent and Trademark Office (BPTO). The BPTO is a Brazilian federal authority created in 1970 and linked to the Ministry of Development, Industry and Foreign Trade. It is responsible for the registration of trademarks, patents, industrial design, technology transfer agreements, geographical indications, computer programs and Integrated Circuit Topography.

4. Who may apply for registration?

The Brazilian Industrial Property Law (BIPL) states that natural or legal persons who are subject either to public law or private law may apply for the registration of a mark.

Business entities subject to private law may only apply for the registration

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