Marks
Product or service marks, certification
and collective marks shall be granted registration
in a “nominative, figurative and mixed forms”.
A) There is no protection for
color, sound and olfactory marks where in it is possible
for the TRIDIMENSIONAL ones except when its constitutes
in necessary, commom or vulgar form of the product.
B) Renowned
mark The mark registered in Brazil and deemed
renowned shall be provided with special protection
in all fields of activities.
C) Notoriously
known mark Under the terms of article 6-bis
of the Union Convention of Paris, in its field of
activity, it has special protection regardlessly of
having been previously registered or filed in Brazil.
D) Priority
Provided for by the Union Convention of Paris or International
Organization so as it produces a national filing effect.
E) Publication
The application shall be published soon after it is
filed.
F) Opposition
As of the publication of the application, any
interested party may offer his/her opposition withuin
a sixty-day period. Against such opposition the applicant
may offer his manifestation within sixty days.
G) Examination
An opposition having been presented or not, the application
shall be examined for its antecedents and merit by
making requirements, as appropriate.
H) Refused
Application As the examination is completed
if the application is refused there shall be no other
applicable resource.
I) Granted
Application The final and decennium compensation
shall be paid within sixty days. After such period
there shall be one more of thirty days for the recovery
application.
J) Term
of duration Ten years as of the date of the
registration certificate allowed to be extended for
equal periods.
K) Administrative
Invalidation It may be made by the office or
at the request of the interest party within one hundred
and eighty days, as of the date the certificate of
registration is granted.
L) License
There shall be the voluntary one.
