What are the trademark registration stages in Brazil?

  1. Formal analysis. When INPI receives the documentation, it checks for formal errors (incorrect data, non-payment of the tax, missing documents, etc.) If any anomalies are detected, an announcement is published in the Official Intellectual Property Gazette (Revista da Propriedade Industrial (RPI)), so that these can be corrected within five days of publication.
  2. Publication in the Official Intellectual Property Gazette: After it has been checked and there are no formal mistakes (or they have been corrected) an announcement is published in the RPI so that third parties can oppose the application.
  3. Opposition phase: After publication, there is a 60-days period during which third parties whose rights are affected may file oppositions with INPI. If an opposition is filed, the applicant will be notified and will be given 60 days to reply.
  4. In-depth examination: If there is no opposition or if the application is successful, INPI will analyze whether it complies with the registration requirements which includes analyzing the grounds for refusal.
  5. Registration: If INPI decides to grant the application, the fee for the first ten years' registration and the registration certificate must be paid. The applicant has sixty (60) days from the date on which the granting of the trademark is published to pay the fee. After such period has expired it is still possible to pay the fee during the subsequent 30 days (but with a supplement). Finally, the trademark is registered and the corresponding legal title is issued.