TRADEMARKS
As a matter of fact and, in accordance to the Law, your company is not obliged to apply for a trademark registration. However, it could be such a messing situation if your trademark is registered by third parties or any other company in your field of activities.
Furtherelse, if your company exports to any country, it could be a serious trouble to find out that your trademark has already been registered by any other company, which could bar the exportation of the products/services covered by such trademark.
In fact, a trademark registration, according to the Law, is a great patrimony to the company and this is the reason for which it is important to apply for the register. Once a registration is granted, the owner has exclusive rights of use and may sue anyone who uses the mark without authorization.
Considering the above, our staff at Portfolio - Marca & Patentes is at your entire disposal to handle your trademark applications, or even patents, copyrights, assignments , among others.
THE REGISTRATION: How to apply
The Industrial Property Law in Brasil (Law 9279/96) established that the rights of trademark registration are acquired after the register is granted by the Brazilian Patent Office, when a certificate is issued.
The first step: conduct a search at the Brazilian Patent Office database, in order of checking any other similar or identical trademarks which could bar a registration.
If no other marks are raised, the application may be filed at the Patent Office, and will be judged by the examiners until the registration is granted. Once issued, the certificate is valid by tem years and may be renewed.
|
