Brazil (BR)
10-08-2009 (Newsletter Issue 3)
New Official Fees Bring Important Adjustments
The Brazilian National Institute of Industrial Property (INPI) has made relevant alterations in its official fees, including for trademarks, effective June 1, 2009. The adjustments' aim is to raise funds for its ongoing restructuring and the training of trademark examiners.
The adjustments correspond to a 17 percent overall increase for trademarks. This is even lower than the rate of inflation experienced in Brazil since the INPI’s last fee increase, which was in 2003.
The new schedule of fees clearly stimulates interest in the electronic filing system: Several fees for online services are now, on average, 25 percent cheaper compared to fees for paper filings for the same services. The new fee schedule increases the discount on all official fees charged to small companies, individuals, nonprofit and public entities, to 60 percent from 50 percent.
Legal basis is the new Industrial Property Law, in force since May 15th, 1997.
The international classification of goods and services consisting of 45 classes has been adopted.
Nice 8th edition is currently in force and the products and services claimed in the application must follow such classification. Before January 3rd, 2000, there was a national classification of 35 classes for goods and 6 classes for services (similar to the international classification) each subdivided in local subdivisions.
Trademark protection is obtained by registration. Weak protection is created by achieving secondary meaning.
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, three-dimensional forms and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks and certification marks.
The application is filed at the Patent Office (BPTO).
A separate application has to be filed for each class.
Foreign applicants need a local agent.
A non-legalised power of attorney is necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. The processing time from first filing to registration is approx. 3 years.
Prior to registration, the trademark application is published approx. 3 months after the application date in the weekly “Revista da Propriedade Industrial”.
Trademarks can be registered for commercial purposes only according to the commercial purposes of the applicant. Therefore a declaration stating this purpose is necessary and has to be made by the applicant or his local agent.
The opposition period is 60 days from publication date of the application.
After the grant decision it is also possible to file a cancellation action at the BPTO within 180 days from the grant publication.
A trademark registration is valid for 10 years from the date of registration.
The registration is renewable for periods of 10 years.
If the trademark has not been used within 5 years from registration, it may be subject to cancellation.
Subsequent use of the trademark can restore protection if no third party has applied for an identical or similar trademark in the meantime and if no party has requested cancellation due to non-use.
INPI official application fees per trademark are EUR 154.00 in case of paper filing, respectively EUR 116.00 per trademark when filed electronically.
Certified Searches are EUR 20.00 for (a) one mark in one class and EUR 12.00 for (b) owner name in case of paper filing. In case of electronic filing, certified searches are EUR 25.00 for (a) one mark in one class and EUR 16.00 for (b) owner name.
In case of electronic filing, certified searches are EUR 25.00 for (a) one mark in one class and EUR 16.00 for (b) owner name.
These official fees were converted into EUR considering an exchange rate of 2.60.
| Search type |
First class |
Add. class |
| Word Mark Search (availability) |
490,00 € |
310,00 € |
| Word Mark Search (identical) |
340,00 € |
240,00 € |
| Extended Search (word mark, company name, domain) |
710,00 € |
310,00 € |
| Device Mark Search (availability) |
660,00 € |
450,00 € |
| Trademark Owner Search |
290,00 € |
|
| Company Name Search |
300,00 € |
|
| Domain Name Search (extended) |
72,00 € |
|
| i-Search (word mark availability + legal opinion) |
520,00 € |
390,00 € |
The Prices above are S.M.D. Markeur Search Fees