How does trademarking work in Brazil?
Check how trademarking works in Brazil
Applying for a trademark in Brazil might sound scary. Especially, if you are not from Brazil and don’t know Portuguese. Luckily, we are here for you.
There are 3 main types of trademarks in Brazil: a logo (a design mark), a wordmark, a combined mark and a few non-traditional types.
1. A logo example. No word elements.
2. A wordmark example. A simple word in any font, without any design elements.
3. A combined mark aka wordmark+logo
Trademark Search in Brazil (Free)
Read more about Trademark Search
You can search trademarks in Brazil online on the website of the Trademark Office. At the same time, all the information is in Portuguese. Also, you can request a trademark search on our website, on this very page. It's free and we'll check the register within a day. Our search is carried out by professional trademark consultants and as any manual searches this will increase its value.
We may spot that your mark is descriptive or generic and inform you beforehand. Some marks can't be registered in Brazil and we will notify you if this is the case.
How to submit a Free Search request on Bonamark.com?
When you request a search on our website, you will get the search results to your email within 1 day.
In Brazil, the National Institute of Industrial Property (INPI) is responsible for registering and enforcing trademarks. To search for trademarks in Brazil, you can use the INPI's online database. The database is searchable by a variety of criteria, including the trademark name, owner's name, or registration number.
Here are the steps to search for trademarks in Brazil:
Go to the INPI's website (www.inpi.gov.br)
1. Select "Consulta Pública" from the menu at the top of the page Select "Marcas" from the drop-down menu
2. Use the search criteria to find trademarks that match your search.
3. You can also use the advanced search options for more specific results.
4. The search results will show you the details of the trademark, such as the owner's name, registration number, and the goods or services it is registered for.
It is important to note that the database is in Portuguese and it is recommendable to have some knowledge of the language or hire an experienced professional to help you with the search process.
Registration Process Details
Read more about the process
How effective is trademark protection in Brazil when you have a counterfeit problem.
Our Bonamark® score is 6/10. You can use your trademark to fight competitors and imitators, you can prevent counterfeit from entering the country. At the same time, the legislation and the set of tools you have to fight counterfeit products is rather limited or not cost-effective. 73% of Brazilians purchase fake goods and São Paulo “is the largest distribution center for counterfeit goods in Brazil”. At the same time, many of the online marketplaces will remove counterfeit goods if you have a trademark in the country upon receiving your request. However, in some cases it is necessary to obtain a court order.
How fast the process is.
The process is not exactly the fastest and takes around 16-18 months. That’s longer than the usual timeframe of 12 months.
How expensive it is to get a trademark in Brazil.
Our fees are online and there are no hidden fees. You won’t pay anything extra unless you have several classes or there is a problem with your application.
The following fees are included in our prices:
- The official fee for a trademark application is BRL 530.00 for paper filing.
- The official fee for online trademark applications remains the same with BRL 355.00.
- The registration fee is BRL 745.
How good is the examination in Brazil?
We faced several ungrounded refusals, but mostly the examination process is predictable. If our attorney reviews your trademark during a trademark study, the probability of registration can be determined with a high level of certainty.
How to apply
The process is completely online, we will prepare a power of attorney for you. This document needs to be signed by you and we will require a simple scan.
What features are in Brazil
There is a fee for a non-standard description of goods and services. However, the fee is low and we don’t charge it additionally.
Responding to objections
First of all, we recommend getting a study in order to decrease the risk of getting an objection. If there is a similar mark, our attorney can respond to the objection. The probability will depend on the actual case, the price will be around 500$.
The Applicant must use the mark in commerce.
Trademark Renewal in Brazil
Read more about Renewals
Renewals in Brazil
- renewable for a period of 10 years.
- valid for 10 years from the registration grant date.
- A mark can be renewed within 12 months before the expiration of the current trademark registration.
Trademark renewal schedule
How much does a trademark renewal in Brazil cost? What is the price of renewing a mark?
The price is 819$ for one class, there was no multiclass filing system in Brazil before 2021-2022 and each class is a separate mark. We will offer a discount for multiple renewals.The government fee is included in the price.
Trademark renewal process
Please contact us using the following form in order to request a trademark renewal. The process is rather simple, our attorney will become your representative and will pay the renewal fee.
How to apply
Documents required: We only need a signed scanned PoA (Power of Attorney) in order to proceed with the service. The document should be simply signed and scanned.
How fast the process is
The process takes approximately 3-5 days and a digital Renewal Certificate is issued within 1 month. The mark is protected for 10 years from the trademark expiration date.
What if the deadline is missed?
Grace period is 6 months after the expiration date, the additional payment is +150 USD per mark during the grace period.
After the end of the grace period the mark expires without any ways of restoration, a new mark must be filed: https://bonamark.com/countries/brazil
Renewal Deadline Calculation:
Filing date: 01.09.2019
Registration date: 01.09.2021
Expiration date: 01.09.2031
The earliest date for filing a renewal: 31.08.2030
Grace period starts and ends: 01.09.2031-01.03.2032
Please be informed that the dates are determined to the best of our knowledge and we take no responsibility if the calculations are incorrect or if the Office changes its approach to calculating the dates. We recommend that you contact us with an actual case in order to determine the renewal date with the highest accuracy possible.
A simply signed Power of Attorney is required and a payment of the renewal fee (US$819). The process is online and can be completed within 4-5 days. There is a grace period of 6 month after the date of expiration of your trademark.
Trade Dress Registration in Brazil
Trade Dress Registration
Trade dress registration or registration of the packaging as a trademark is not possible in Brazil. For example, registration of the following bottle design in Brazil is not possible.
The logo and the name can be filed as a trademark, but it is not possible to register it as a trade dress.