The Trademark Registration Process: Step by Step
Trademark registration in Brazil has several clear stages, each with its own requirements and timeline. Here is what to expect.
1. Trademark Search
We search the INPI database for existing marks that could conflict with yours before proceeding to filing.
2. Application Filing
The application is filed electronically, including details of the applicant, a clear representation of the mark, and a list of goods or services.
3. Formal Examination
The Brazilian Trademark Office conducts a formal check to ensure all required information and documents are present. If there are any deficiencies, the applicant is notified to correct them.
4. Publication in the Official Gazette
Within approximately 8 weeks from filing, the application is published in the Official Gazette. This publication serves to inform the public and opens a 60-day period for third parties to file oppositions.
5. Opposition Period
During the 60 days following publication, any interested party may file an opposition, presenting arguments against the registration of the trademark. The applicant has the right to respond to any oppositions filed.
6. Substantive Examination
After the opposition period, INPI examines the application on absolute and relative grounds: distinctiveness, legality, and conflicts with earlier marks.
7. Decision and Grant
If approved (~14 months from filing), the decision is published and we notify you immediately. A final fee is then paid to obtain the certificate.
8. Registration and Renewal
The trademark is registered for 10 years from the date of grant and can be renewed indefinitely for additional 10-year periods, provided renewal fees are paid.
Summary Timeline
- Application to Publication: Less than 8 weeks
- Publication to Grant: Approximately 14 months
Conclusion
The process is transparent with predictable stages. We handle it end to end.