The Brazilian Federal Revenue (RFB) has published a new Interpretative Declaratory Act (ADI No. 03/2025), marking a significant advancement in Brazil’s efforts to combat the entry of counterfeit products and strengthen the protection of intellectual property rights at...
Trademark
New BPTO Fee Schedule for 2025
On May 9, 2025, Brazil’s Ministry of Development, Industry, Trade and Services (MDIC) published Ordinance GM/MDIC No. 110 in the Federal Official Gazette, updating the fee schedule for services provided by the Brazilian Patent and Trademark Office (BPTO). The revised...
Landmark PTA decision: Brazilian Court grants first favorable merit ruling on Patent Term Adjustment due to BPTO delays
On May 12, 2025, the 4th Federal Civil Court of the Federal District issued a landmark ruling in Brazil’s Patent Term Adjustment (PTA) litigation. For the first time, a Brazilian court ruled on the merits in favor of a PTA request, recognizing the patentee’s right to...
Granting of 3D trademarks for PlayStation controllers
In July 2021, several of our client’s three-dimensional trademark registration applications for the DualShock 3 and 4 controller models were rejected by the Brazilian PTO, as they were incorrectly considered “non-distinctive”, since their shape was considered normal...
Meeting between ABPI and BPTO brings clarification on new rules for cancellation requests
On February 5, Daniel Law partner Andre Oliveira attended a meeting with the BPTO among other coordinators of the Trademark Committee of the Brazilian IP Association (ABPI). Along with his colleagues, Andre was able to address concerns related to the recently...
Understanding the Andean Opposition Protocol
During a recent administration program of the United States Patent and Trademark Office (USPTO), the national industrial property offices of Peru, Colombia and Ecuador signed a new case management protocol for the Andean Opposition. The purpose of the Protocol is to...