Modifications for well-known trademark applications
A new resolution from the Brazilian PTO will facilitate the process for the recognition of high renowned marks.
On August 20th, Resolution N° 107/2013 was passed, which facilitates the process to obtain the recognition of the well-known mark. From now on, it will be possible to file independently a request, without being necessary to file an opposition or an administrative nullity procedure, like before. Another important change is that the validity of this recognition will be for 10 years.
A high renowned mark is considered like that, if it is recognizable for most people. The quality, reputation and prestige are taken into consideration, in addition to having the ability to attract consumers with its own presence.
Those who have pending applications in Brazil, should file a declaration to justify the term “well known” in the following 90 days, which will be used to guarantee the examination of the use of the term. If the afore-mentioned was not submitted, the examination could be negatively affected.
This new resolution will be in force, just when the corresponding official fees are included in the BPTO schedule.
Sources: Di Blassi, Parente & Associados