| 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:
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.
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- The Toblerone
chocolate shape in which the format identifies the trademark.
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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.
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