Paris Convention • PCT • Madrid Agreement • Madrid Protocol • Berne Convention • WTO • WIPO
Multiclass | Nice Classification | Paris Convention Priority | Protection of Well-known Trademarks | Non-use Cancellation - 5 Continuous Years
➤ Types of Trademarks
• Goods and services
• Collective
• Certification
• International Trademark (designation under the Madrid System)
➤ Trademark Application Requirements
• Power of Attorney (simple) with Portuguese translation
• Full particulars of the applicant
• Declaration of Business Activity (simple with Portuguese translation) showing the applicant's activity relating to the application
• Full particulars of the trademark
• Priority Document (certified copy) with Portuguese translation (where applicable)
➤ Examination
• Absolute grounds
• Relative grounds
➤ Opposition
• Deadline - 60 days from the publication in IP Bulletin
• Counterstatement Deadline - 60 days from the notification
• Time Extension - not available
➤ Granting and Validity
• 10 years from the granting date
➤ Renewal Requirements
• Power of Attorney (simple) with Portuguese translation
• Late Renewal - 6 months after the validity deadline
• Revival - not available
➤ Assignment Requirements
• Power of Attorney (simple) with Portuguese translation
• Full particulars of assignor and assignee
• Declaration of Business Activity (simple with Portuguese translation) showing the assignee's activity relating to the application
• Deed of Assignment (simple with Portuguese translation) including all identical or similar trademarks for the same goods or sevices
➤ Change of Name Requirements
• Power of Attorney (simple) with Portuguese translation
• Full previous and current particulars of applicant
• Certificate of Incorporation (simple copy updated) with Portuguese translation
➤ Change of Address Requirements
• Power of Attorney (simple) with Portuguese translation
• Previous and current address of applicant
• Certificate of Incorporation (simple copy updated) with Portuguese translation
➤ Licence Requirements
• Power of Attorney (simple) with Portuguese translation
• Full particulars of licensor and licensee
• Licence Agreement (simple) with Portuguese translation
International Patent Classification | Paris Convention Priority | Working Requirement - 3 Years from granting date
➤ Types of Patents
• National Patent
• PCT National Phase
➤ National Patent Application Requirements
• Power of Attorney (simple) with Portuguese translation
• Full particulars of the applicant and inventor
• Specifications, Claims, Drawings and Abstract in Portuguese
• Deed of Assignment (simple) with Portuguese translation (where applicable)
• Priority Document (certified copy) with Portuguese translation (where applicable)
➤ PCT National Phase Application Requirements
• Power of Attorney (simple) with Portuguese translation
• Full particulars of the applicant and inventor
• Published International Application
• International Search Report
• Specifications, Claims, Drawings and Abstract in Portuguese
• Deed of Assignment (simple) with Portuguese translation (where applicable)
• Priority Document (certified copy) with Portuguese translation
➤ Amendments
• Amendments - allowed up to the examination
• Introduction of new matter - not allowed
➤ Examination
• Absolute grounds
• Relative grounds
➤ Post-grant Opposition (Article 51 of the Brazilian IP Code - Nullity Administrative Procedure)
• Deadline - 6 months from the granting of the registration
• Counterstatement Deadline - 60 days from the notification
• Time Extension - not available
➤ Granting and Validity
• 20 years from the filing date or international filing date
➤ Renewal Requirements
• Power of Attorney (simple) with Portuguese translation
• Late Renewal - 6 months after the renewal deadline
• Revival - not available
➤ Assignment Requirements
• Power of Attorney (simple) with Portuguese translation
• Full particulars of assignor and assignee
• Deed of Assignment (simple) with Portuguese translation
➤ Change of Name Requirements
• Power of Attorney (simple) with Portuguese translation
• Full previous and current particulars of applicant
• Certificate of Incorporation (simple copy updated) with Portuguese translation
➤ Change of Address Requirements
• Power of Attorney (simple) with Portuguese translation
• Previous and current address of applicant
• Certificate of Incorporation (simple copy updated) with Portuguese translation
➤ Licence Requirements
• Power of Attorney (simple) with Portuguese translation
• Full particulars of licensor and licensee
• Licence Agreement (simple) with Portuguese translation
No Applicable Classification | Paris Convention Priority | Working Requirements - 4 Years from filing date or 3 Years from granting date
➤ Types of Designs
• National Design
➤ National Design Application Requirements
• Power of Attorney (simple) with Portuguese translation
• Full particulars of the applicant and designer
• Design title and brief description
• Graphic or photographic reproduction of the design
• Deed of Assignment (simple) with Portuguese translation (where applicable)
• Priority Document (certified copy) with Portuguese translation (where applicable)
➤ Examination
• Absolute grounds
➤ Post-grant Opposition (Article 113 of the Brazilian IP Code designates this "nullity administrative procedure")
• Deadline - 5 years from the granting of the registration
• Counterstatement Deadline - 60 days from the notification
• Time Extension - not available
➤ Granting and Validity
• 25 years from the filing date
➤ Renewal Requirements
• Power of Attorney (simple) with Portuguese translation
• Late Renewal - 6 months after the renewal deadline
• Revival - not available
➤ Assignment Requirements
• Power of Attorney (simple) with Portuguese translation
• Full particulars of assignor and assignee
• Deed of Assignment (simple) with Portuguese translation
➤ Change of Name Requirements
• Power of Attorney (simple) with Portuguese translation
• Full previous and current particulars of applicant
• Certificate of Incorporation (simple copy updated) with Portuguese translation
➤ Change of Address Requirements
• Power of Attorney (simple) with Portuguese translation
• Previous and current address of applicant
• Certificate of Incorporation (simple copy updated) with Portuguese translation
➤ Licence Requirements
• Power of Attorney (simple) with Portuguese translation
• Full particulars of licensor and licensee
• Licence Agreement (simple) with Portuguese translation
Registration - Not Mandatory | Berne Convention - Applicable | Copyrigth Validity - During Author's life and up to 70 after Author's death
➤ Application Requirements (Law no. 9,610/98 approved the Brazilian Copyright Law)
• Power of Attorney (simple) with Portuguese translation
• Full particulars of the applicant and authors
• Full particulars and reproduction of the work
• Deed of Assignment (simple) with Portuguese translation (where applicable)
➤ Assignment Requirements
• Power of Attorney (simple) with Portuguese translation
• Full particulars of assignor and assignee
• Declaration of Business Activity (simple with Portuguese translation) showing the assignee's activity relating to the application
• Deed of Assignment (simple with Portuguese translation) including all identical or similar trademarks for the same goods or sevices
➤ Change of Name Requirements
• Power of Attorney (simple) with Portuguese translation
• Full previous and current particulars of applicant
• Certificate of Incorporation (simple copy updated) with Portuguese translation
➤ Change of Address Requirements
• Power of Attorney (simple) with Portuguese translation
• Previous and current address of applicant
• Certificate of Incorporation (simple copy updated) with Portuguese translation
➤ Licence Requirements
• Power of Attorney (simple) with Portuguese translation
• Full particulars of licensor and licensee
• Licence Agreement (simple) with Portuguese translation
Internet Domain - .BR and .COM.BR
➤ Application Requirements - .COM.BR
• Power of Attorney (simple) with Portuguese translation
• Full particulars of the applicant (must be an entity domiciled in Brazil)
• DNS specifications
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