Where, like in Brazil, the acquisition of rights in a trademark occurs only through the grant of registration, a preliminary search can be a key tool in the strategy of an enterprise.
The search becomes even more relevant due to delays in the analysis of registration applications by the BPTO. In this context, it should be considered that an application which does not encounter any complications currently takes about three years to be granted.
In addition, the BPTO takes a very restrictive approach to qualifying generic and descriptive trademarks, as well as in identifying trademarks with elements of advertising. As a result, some trademarks that are already registered in other countries are rejected in Brazil.
At Daniel Legal & IP Strategy, we give our clients a strategic advantage through the early identification of possible obstacles to the registration of a trademark in Brazil. Thereafter, we provide guidance on the best way to overcome those obstacles.
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