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Monday, July 23, 2018

Counselling Aimed at the Registration of a Trademark

Brazil has for some time signed the most important international agreements for the defence of the intellectual property rights and the rules governing the application of the control policies and fight against abuses and criminal counterfeiting are the most modern policies under the juridical point.

The Brazilian Government has recently passed a series of measures in order to close the ranks of tax controls also to meet the pressures coming from the international community. The appointed institution for the analysis and issue of the validation of the Mark is "INPI" (Instituto Nacional de la Propriedade Industrial) based in Rio de Janeiro and linked to the Ministry for the Development of Industry and Commerce.

The trademark is a sign and main symbol of the company product. It must be something new, not be indefinite and untrue. The trademark allows to make different the company products from those of the competitor companies, and to identify the origin of a product/service.

The trademark can be formed by an image (figurative mark) or by a language phrase (denominative mark). The entrepreneur that holds the rights of a trademark has the right to use it in an exclusive way just like the firm and the sign. We must pinpoint that the trademark identifies the product and not the entrepreneur.

In the Brazilian system of protection of marks, the defence depends exclusively on the deposit of the trademark and not just on its usage. Yet, the foreign holder of a famous trademark, also if not registered in Brazil, will act in defence of his own rights.

In order to get this right, anyway, the holder of the trademark will have to start the steps to register it.

WHY REGISTERING A TRADEMARK

  • To create as added value.
  • To get the protection of the name of the Company or of the name of the product/service.
  • Because it is not necessary to use it immediately and for 5 years, you can stop the third parties.
  • For the precise date when the right starts.
  • Because you want to protect also similar fields addressing to the same type of customer.
  • To be able to control the markets.
  • To issues licences.

The "Trademark Registration" may be required both by Brazilian and foreign companies. The recordable marks can be:

  • Product trademarks.
  • Service trademarks.
  • Certification trademarks (the holder mustn’t have any commercial or industrial interest, direct to the subtended product/service).
  • Joint trademarks ( the holder can only be a legal institution that represent a group and able to carry out an activity different from that of its members).

The foreign trademarks are registered in observance of the principles of the Convention of Paris, that states a period of exclusive priority six-month long, starting from the date in which the registration is required in the Country of origin, provided that the holder declared that he wanted to extend the registration to other countries that agreed with the Convention.

The registration of the trademark grants its holder the protection for a ten-year long period, renewable for a subsequent period of the same length. The employment of the trademark is essential for its defence in Brazil.

In fact the protection of the trademark expires where it is not employed for a period of five years, to state the date from the registration, The employment of the trademark may be proved both with the direct employment from the foreign holder, and also with the employment of those who received from the holder the right to exploit the mentioned trademark in Brazil, through the licence to use.

The registration of the trademarks in Brazil is a very slow process and subject to a very complex bureaucratic procedure. The knowledge of the procedures is essential, so the intervention of a professional man is advisable if not necessary in order not to fall into treacherous mistakes that might compromise the defence of the trademark as well as burden on the expenses of validation. Bright Business Consulting LLP is the suitable partner for  "Warranty & Assistance" with skilled staff, in all the steps leading to the validation of the trademark in Brazil.

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Bright Business Consulting LLP
58/60 - Kensington Church Street
LONDON - UK - W8 4DB 

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