New rules for famous marks in Brazil

Leticia Provedel

According to the Brazilian Trademark Office’s new resolution, of August 20, 2013, the special protection afforded by Brazilian legislation to Famous Marks has a new extended term and smoother proceedings.

Under the former rules, the total period of protection following the declaration of the High Reputation status was of 5 years, and such recognition had to be requested incidentally, within an opposition or administrative cancelation trademark proceeding.

The term of protection has now been extended to 10 years, while the request for recognition of the High Reputation status can be made directly to the Brazilian PTO, along with proof of notoriety within the territory, at any time.

All past pending requests for High Reputation recognition shall be adapted to the new rules, which will become enforceable as soon as the Brazilian Trademark Office publishes the corresponding official fees for such new proceeding.

The new rules have been widely celebrated by the Brazilian Trademark practitioners and are expected to easier and hasten the protection and enforcement of famous marks in Brazil.

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