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Amendments to Trademark Laws

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Nov 18, 2021 (Newsletter Issue 16/21)
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Position Mark Now Registerable

As of October 1, 2021, applications for position marks are accepted for filing with the Brazilian Patent and Trademark Office (BPTO) as stipulated per Ordinance published in the Brazilian Official Gazette on September 21, 2021.

Pursuant to the Ordinance, a position mark is now protectable by filing an application with the BPTO, adding position marks to other types of marks already recognized such as word, composite, figurative, and three-dimensional marks.

A position mark in Brazil is defined as a "distinctive set" that enables the goods or services to which the mark relates to be distinguished from similar or identical marks, provided that the sign is located in a unique and specific position of a support, and it can be dissociated from a technical from a technical or functional effect on the goods themselves.

Since there are no special forms for position mark applications yet, applicants of new position marks must file using the electronic forms for three-dimensional marks, indicating that the mark is a position mark.

In addition, pending trademark applications can now be converted into position marks if a corresponding application is filed with the BPTO. Pending applications that qualify as position marks can do so within 90 days from October 1, 2021. The examination of position marks is to take place when the BPTO has made the relevant adjustments to the system.