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Amendments to Trademark Laws

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Apr 11, 2024 (Newsletter Issue 3/24)
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BPTO Publishes Regulatory Agenda for 2024-2025

On March 20, 2024, the Brazilian Patent and Trademark Office (“BPTO”) published its Regulatory Agenda for the 2024-2025 biennium.

As for the Trademark department’s agenda, there are two main topics that the BPTO intends to develop:

1) Regulating the examination regarding the registration as a trademark of socalled "advertising signs / slogans”:

Reevaluating the technical examination standards related to the prohibition of registering a trademark that is considered a sign or expression used solely as a means of advertising by establishing rules for interpretation, application and harmonization of such prohibition by Brazilian IP Law, which prohibits the registration as a trademark of so-called " advertising signs / slogans", and;

2 ) Regulating the Acquired Distinctiveness "secondary meaning" of trademarks:

Establishing rules for regulation of acquired distinctiveness, with the provision of examination criteria in cases of acquired distinctiveness in applications for the registration of non-traditional trademarks, aiming at the acceptance of "secondary meaning.

It is important for rights holders and IP practitioners to stay abreast of the suggested regulatory projects included in the BPTO´s Agenda, as this may result in normative acts or non-normative regulatory instruments in the near future.