Trademarks

The protection of trademarks in Brazil has been established by the Federal Constitution, by the article 5th, Paragraph 29, and by the Industrial Property Law # 9279 of May 14, 1996.

The whole subject matter aims for the protection of signs applied on products or services, therefore, prohibiting the use of identical elements or alike by third parties.

Thereupon only with the registration that one is entitle to the property rights over the trademark, which will take effect by the issuance of the official Certificate of Registration by the Brazilian Patent and Trademark Office (INPI) liable for the subject matter.

As is well known a trademark nowadays is the greatest legacy of an enterprise superseding any other assets.

So! Register your trademark.

Trademarks according to their exibition:

Word Mark: is any sign made by words of the conventional alphabet. Without drawings, designs or stylized elements.

Example:

NASCIMENTO ADVOGADOS

Device Mark: is a sign made by drawings, designs or stylized letters and numbers when presented isolated.

Example:

Compound Mark: is a sign that puts together words with drawings or designs, or yet stylized letters with drawings or designs.

Example:

Tridimensional Trademarks: is the configuration of the product itself, in which the form or the shape gives it an identifiable aspect.

Examples:

  • A Coca-Cola bottle, by itself reminds the trademark.
  • The Toblerone chocolate shape in which the format identifies the trademark.

Administrative procedures of a trademark application

The Validity of a Trademark: The registration of a trademark will have legal force for 10 (ten) years counted as of its granting date, and it is renewable for successive and similar periods.