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Amendments to Trademark Laws

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Apr 16, 2014 (Newsletter Issue 7/14)
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Change of Practice of Highly Renowned Trademarks

According to Resolution 107/2013, which came into effect 11 March, 2014, it is now possible to request the recognition of a highly renowned trademark before the Brazilian PTO through an autonomous proceeding. Previously, the highly renowned trademark recognition was only possible incidentally, for instance in an opposition or trademark cancellation.

The request of a highly renowned trademark in Brazil must follow rules of the Law and has several details. One of them is an extensive market research/survey that proves that the mark is renowned. As a rule, the validity of the registration is of 10 years. After this period a new request of recognition must be filed. The recognition is dependent of a trademark registration and its validity/expiration.

The official fees for the request of highly renowned trademark recognition are BRL 37,575.00 online and BRL 41,330.00 in paper.

Source: Lia e Barbosa Sociedade de Advogados, Brazil and M. J. Zanon, IP Lawyer, Brazil