TRADEMARKS
Under Brazilian current legislation, either corporations or individuals are eligible to file trademark applications, and there is no requirement that a trademark be in commercial use before it can be registered.
In those cases where a trademark has already been applied for outside of Brazil, in a country which is signatory to the Paris Convention, the applicant has six months from the date of that application to request registration in Brazil.
Trademarks can be word marks, combined, devices or three-dimensional, and the products or services they are connected to, must be classified in accordance with the NICE classification.
A trademark registration in Brazil is valid for 10 years, beginning from the date of granting, and can be indefinitely renewed for equal and successive periods.
Summary of our main services
- Trademark searches and opinions
- Preparation and prosecution of domestic / foreign applications
- Filing of oppositions / replies to oppositions
- Filing of renewals
- Infringement opinions / administrative and statutory proceedings
- Assignments and recordals
- Trademark licensing
- Monitoring and docketing of granted trademarks
PATENTS
Under Brazilian current legislation, either corporations or individuals are eligible to file invention, utility model and industrial design applications. While inventions and utility models have patent status, industrial designs don`t. The latter receive registration numbers rather than patent numbers.
The life span of a patent of invention is 20 years, while a patent of utility model remains protected for 15 years. In both cases, the protection period commences on the filing date. The industrial design registration is valid for 10 years and can be renewed for 3 additional five-year periods, extending its total life span up to 25 years.
Following the Paris Convention guidelines, patent applications for inventions and utility models can be based on foreign applications within 12 months and industrial designs within 6 months from the date of first filing in the country of origin. If it is a PCT without requested examination, the application can be filed within 20 months from the priority date, and within 30 months in case the request for examination has already been made.
Annual fees are payable throughout the life of the patent, commencing in the third year after filing.
Summary of our main services
- Patentability searches and opinions
- Preparation and prosecution of domestic / foreign applications
- Preparation and prosecution of PCT applications
- Filing of oppositions / replies to oppositions
- Infringement opinions / administrative and statutory proceedings
- Assignments and recordals
- Patent licensing
- Monitoring and docketing of granted patents
COPYRIGHT
Literary, artistic and scientific works are protected in Brazil by Federal Law. Much of the law concerning copyright is quite similar in most countries that have signed international conventions, especially the Berne Convention, which is the Brazilian case. However, for a definite answer to a particular copyright question, it is worth consulting the country`s legislation. As an example, computer software is covered by a specific law in Brazil, which establishes the same basic protection as for copyright, but with some differences.
A copyright is valid in Brazil through the author`s lifetime, plus 70 years after his death to the benefit of his direct heirs.
Summary of our main services
- Preparation and prosecution of registrations
- Infringement opinions / administrative and statutory proceedings
- Copyright licensing
DOMAIN NAME ISSUES
While a number of Internet Law bills are being discussed by the Brazilian Congress, a considerable amount of court decisions have already created a fairly broad jurisprudence on the matter.
There is a specific official institution responsible for the registration of domain names in Brazil. As a general rule, the registrations are granted on a " first come, first served " basis.
As such, the domain name applications are treated in a quite different way as compared to trademarks, not only because the office in charge of these matters functions totally apart from the Brazilian Trademark Office, but also because many of the so called " notorious names " can be registered by any company or even by individuals, as long as they justify legitimate commercial use of the name. On the other hand, the registration of domain names for merely speculative purposes will not be allowed.
Summary of our services
- Domain name searches and opinions
- Preparation and prosecution of applications
