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1. What is a trademark?
A trademark is a distinctive, visually perceptible sign, which has the ability to distinguish those products or services that it characterizes from others that are identical or similar. |
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2. What is a trademark used for?
Trademarks allow consumers to identify products or services of interest to them, distinguishing them from others of diverse backgrounds. |
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3. What is the advantage of registering a trademark?
When a trademark is registered, the holder is guaranteed the right to the exclusive use of the trademark, in all Brazil, in order to identify those products or services specified in the filing. The holder can also prevent third parties from using the trademark, or even similar trademarks, to identify identical or similar products or services characterized by the prior registered trademark. |
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4. What can happen if I do not register my trademark?
The use of a trademark without a registration may arouse the interest of third parties. They can register the trademark with the PTO. With this registration, they can prevent the actual holder from continuing to use the trademark.
The lack of registration of a trademark makes it very difficult to prevent third parties from using it. |
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5. What are the different types of trademark?
There are basically four types of trademarks: word mark, composite mark, design mark and three-dimensional mark.
WORD MARK: only the name appears without any special design or graphics.
LABORATIL
COMPOSITE MARK: the name appears as a design, or the name appears with special graphics.
DESIGN MARK: only the design appears.
THREE-DIMENSIONAL MARK: a physical object with a distinctive appearance. |
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6. Filing a trademark with the PTO signifies that I h
No.
The filing of a registration application is the beginning of the administrative procedure with the PTO. The filing only corresponds to an expectation of a right. This only becomes an actual right after the granting of the registration. |
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7. After the filing, can I use the trademark?
Yes.
On the condition that before the filing a prior search was performed with the PTO database, to ascertain the possibility of the success of the registration of a specific trademark. |
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8. How long does a trademark registration last?
A granted registration lasts for ten years, from the date of granting. It can be extended for successive periods of ten years. |
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9. With the granting of my registration, can I preven
No.
The granting of a trademark registration only allows the holder to prevent the use of identical or similar trademarks if they characterize identical or similar products or services that may cause confusion or association on the part of consumers. |
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10. How do I classify a trademark registration applica
The PTO has adopted the Nice International Classification, which is divided into 34 (thirty-four) product classes and 11 (eleven) service classes.
Each registration application can only refer to one class, and all the products or services pertaining to the class of interest of the trademark holder, must be indicated at the time of filing.
It is worth remembering that for a trademark to characterize specific products or services, it is necessary to prove that the holder exercises a compatible activity. In other words, the activity must be included in the articles of incorporation (in the case of a legal entity), or in any other documentation issued by an “official” body that evidences the activity exercised by the trademark holder (in the case of an individual). |
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11. How can I prevent the registration of a trademark
There are two procedures in the administrative procedure whereby any interested third party can act to prevent a registration. The first procedure is the opposition, which must be presented within 60 (sixty) days after the publication of the registration application in the Industrial Property Review – RPI, with the grounds that prevent the granting of the registration.
The second opportunity to prevent the continuity of a registration is the Administrative Procedure of Annulment, which must be brought within a period of 180 (one hundred and eighty) days after the granting of the registration.
In both cases, the trademark holder has a period of 60 (sixty) days to present a response, answer to the opposition, or answer to the Administrative Procedure of Annulment. After the response, the PTO will decide the case. |
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12. When does the granting of the registration occur?
After the PTO has confirmed the collection of the fees, it will publish the granting of the registration in the Industrial Property Review and issue the registration certificate in the name of the trademark holder.
After the publication of the granting of the registration in the Industrial Property Review, the registration is valid for ten years from the publication date. |
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13. What does forfeiture signify?
Forfeiture is the right attributed to any third party to require the trademark holder to provide evidence that the trademark is actually being used. In the case whereby the holder is unable to prove by documentary evidence that the trademark is actually being used, the registration will be cancelled. |
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14. When can forfeiture be requested?
Forfeiture can be requested at any time, five years after the date of the granting of the registration.
Therefore, five years after the date of granting, any registration can be subject to the forfeiture procedure. |
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15. What is extension of the registration?
Extension is when the holder of the trademark requests the PTO to renew the registration for 10 more years. In order to extend the registration, the trademark holder has only to pay the respective fees for the extension and present the duly completed relevant PTO form. |
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16. What happens if I do not extend the trademark?
The registration becomes extinct and the trademark becomes available to any party wishing to register it. |
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