Trademark Registration in Brazil: Requirements, Procedure, and Key Considerations

Brazil offers a dynamic trademark protection system governed by the Brazilian Industrial Property Law (BIPL). The law defines what signs may be protected, establishes the documentation and filing requirements, and outlines the examination and registration procedures conducted by the Brazilian Patent and Trademark Office (BPTO). For businesses seeking to secure their brand in one of Latin America’s largest markets, understanding Brazil’s legal framework and procedural nuances is essential.

What May and May Not Be Protected

• Under the BIPL, any distinctive and visually perceptible sign can be registered as a trademark, provided it does not violate statutory prohibitions. This includes collective and certification marks. However, non-visual signs such as olfactory, sound, and gustatory marks fall outside the protection scope.
• Three-dimensional marks have been admissible in Brazil since 1996, provided they serve a distinctive function. Article 124 of the BIPL lists several exclusions from protection, including:
  • Generic, descriptive, or commonly used terms referring to the goods or services’ nature, quality, or origin (unless presented in a distinctive form).
  • Expressions used solely for advertising purposes.
  • Colours and colour names, except when combined or arranged distinctively.
  • Official names, symbols, or prizes of events without proper authorisation.

Documentation and Filing

To file a trademark application, the following documents are required:

• Power of attorney (POA): Must be signed by an authorised officer. No notarisation or legalisation is needed; a simple scanned copy is acceptable.
• Priority documents: If claiming priority, a copy of the priority application listing the same goods and services must be provided.
• Mark representation: For device or composite marks, a clear image file (typically .jpeg) and colour claim details are required.
• Applicants domiciled in Brazil may file directly before the BPTO, while foreign applicants must appoint a local legal representative. The application is filed electronically through the BPTO’s online system after payment of the official filing fee. Reduced fees apply to individuals, small entities, cooperatives, and non-profits filing for their own activities.

Time Frame and Costs

The average time for smooth registration is approximately 15 months from filing to grant. Legal fees are typically charged on a fixed-fee basis, though some firms use hourly rates.

The registration becomes effective upon publication of the granting decision in the BPTO Official Gazette. Delays and additional costs may arise from:

• Oppositions by third parties
• Official actions requiring clarification or documents
• Rejections or appeals
• Suspension of the application pending earlier filings

Examination and Decision

Once filed, the application is published in the Official Gazette, allowing 60 days for oppositions. The applicant may submit a counter-argument within the same period. The BPTO then examines the application for conflicts with prior marks, issuing official actions when necessary.

If the applicant fails to respond within 60 days, the case will be definitively shelved. However, the examination proceeds if a reply is timely filed, even when it does not fully satisfy the request.

The BPTO may reject the mark if it conflicts with prior registrations. If the cited mark is pending cancellation or litigation, the application remains in abeyance until a final decision. While letters of consent are admissible, they are not binding and do not guarantee allowance.

In case of rejection, applicants may appeal within 60 days to the President of the BPTO.

Conclusion

Trademark protection in Brazil is comprehensive yet procedurally rigorous. From ensuring distinctiveness and meeting documentary requirements to navigating oppositions and appeals, successful registration requires attention to each procedural detail. With an average 15-month timeline and robust digital filing infrastructure, Brazil offers a modern and transparent environment for both domestic and international trademark owners seeking to safeguard their brands in a competitive marketplace.