Contracting Party of the Madrid System: YES.*
* Brazil can only be designated in IR marks filed after 2 October 2019
Trade Mark Law in force:
Industrial Property Law No. 9279/1996.
Nice classification, 11th edition
Possible for IR trademarks
Not possible for national trademarks
Words, names, acronyms, letters, numbers, devices, combination of colours, three-dimensional forms, position trademarks and any combination of the aforementioned signs.
Non-traditional trademarks, such as, smell, sound, movement, holograms and gestures are not subject to registration in Brazil. However, they are not completely unprotected, as they can be defended through Unfair Competition legislation.
Formal filing requirements:
60 days from publication date.
Average time from filing to grant:
Approximately 1,5 years, unless any obstacles were raised.
Term of protection:
10 years from the date of registration.
YES. Cancellation can be requested if the trademark has not been used for 5 years, counting from the registration date. Partial cancellation action is possible.
1 year prior to the renewal date.
Grace period: 6 months.