Establish Brazil

I registered my Trademark Internationally, therefore do I have protection in other Brazil?

The international trademark registration system is called the Madrid system or Madrid Protocol. It is administered by the World Intellectual Property Organization (WIPO) located in Geneva, Switzerland. Plus, it allows you to have a trademark protected in several countries by filing an application directly with your own member country, such as the United States, China, Germany, among others.

What is a priority claim and when can I use it?

A priority claim is an allowance based on Article 4 of the Paris Convention for the Protection of Industrial Property.

How important is to register my company Trademark Internationally?

Intellectual property law is limited to the country in which you registered your trademark as no country has jurisdiction over another. Therefore, to protect your business just like you ensure your house and your car from accident and theft is an important asset, as there are the fruit of your work and unique ideas.

I registered my Trademark in Brazil, therefore do I have protection in other countries?

Unfortunately, the Brazilian trademark is only valid in Brazil.

If my trademark expires, do I have a grace period?

You have 6 months to restore the mark after the renewal date has expired.

Once my trademark has been registered, for how long it will be valid?

Counting from the registration date it is going to be valid for 10 years, therefore to prevent the cancellation of a registered trademark you must maintaining your trademark rights through efficient renewals management.

How can I claim priority in Brazil?

In the following scenarios there is a possibility to claim priority:

-The application in the home country was filed 6 months earlier than the application date in Brazil;

-The applicant’s home country is a signatory of the Paris Convention.

If a Trademark Authority rejects my application, are my fees refunded?

The cost of our Registration Request includes the official fees to submit the application to the local Trademark Office as well as the legal fees for reviewing, preparing and following up on your application and these are nonrefundable.

What are the phases for registering a trademark?

First of all, to avoid any objections or oppositions a Comprehensive Study will be conducted by an Attorney expert in Intellectual Property to ensure that an identical or similar trademark is not currently registered, plus an analysis will be conducted to make sure that the registration submitted is distinctive enough to obtain a trademark, which will suggest any recommendations if need.

What is the time frame for the trademark registration approval?

The average time frame for the registration approval is 30 months, if no objections or oppositions arise.

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