Getting Started with Trademark in Brazil

Starting a Business in Brazil, leading it to the next level and nurturing it through to maturity can be a daunting task, especially if you reached the expansion level and still do not have the full knowledge about the country you are opening market. Thus, if unprepared, it is a leap into the unknown due to the peculiar legal, cultural, and especially bureaucratic characteristics of Brazil. For that reason, as the fruit of your hard work and your unique ideas, to protect your business just like you ensure your house and your car from an accident or even theft is an important asset.

Trademark Approach

If you sell online, export or do any international business your trademarked services or products are reachable internationally, thus it is highly recommended you register a trademark in every country and jurisdiction where you offer your services and products, even to affords you legal protection and security if a dispute arises about the use of your mark in commercial endeavors in foreign countries. As without a registration in those territories, your trademark is not protected and can be used by third parties.

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Why should I use a trademark?

  • Trademark protects the rights to exclusively use the logo, image, phrases, or words to distinguish the goods or a service in the market, and;
  • Right to oppose and to bring cancellation later conflicting applications;
  • Right to file an infringement case against third parties for using a confusingly similar mark;
  • Right to license third parties to use the mark;
  • Right to receive damages for infringement;
  • Right to request for seizure of counterfeit goods;

Registering your name, logo or slogan can go a long way in protecting the investment you put into your brand. Establish Brazil Attorney's will make sure to give you the right guidance to go through the 3 phases in order to register your mark.

Do you have questions? We do provide you with the answers