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Industrial Property Law No. 9279/96, ensures to any company or independent professional the possibility of registering a trademark for protection and guarantee of its rights against third parties. Brazil is a member of CUP, which means that this protection can be extended to other countries if applied for in the country of interest, within 180 days as of the date of filing at the country of origin.
The trademark is a distinct sign that protects products and/or services of an individual or company, and this protection may only be requested in connection with the applicants´ respective areas of activity. A trademark application corresponds to only one class, which contains the specification of all products or services to which it applies.
A trademark application will have to comply with one of the following types:
- Word mark – comprising of only letters and digits (no styling);
- Figurative – comprising of only a logo (drawing, image, figure, etc.);
- Trademark and design – comprising of either the above cited elements, or a styled nominative element;
- Tridimensional - comprises the plastic form (the appearance) of a product or a package.
Besides the above mentioned, there are Renowned trademarks, Collective trademarks, Certification trademarks and Geographic Indications. The latter is divided into: Indication of Source and Denomination of Origin.
Every trademark registration will be valid for 10 years, from the granting date publication. For its maintenance the trademark will have to be effectively used and renewed within stipulated legal terms. The starting term of effective use is 5 years, from the granting date, subject to extinction of the registration by request of a third party or due to omission of renewal.