The product is not moved, the brand comes first.
Start planning my 2024 trademark registration is the cornerstone of brand development. In recent years, well-known domestic brands have been "preemptively registered" overseas, and the recent case of China's "Luckin" losing a lawsuit against Thailand's "Luckin" is worth ponderingMaimai recommends that sellers lay out trademarks in overseas markets in advance before products go overseas. When sellers enter the Brazilian market, which is known as "everywhere", it is essential to make a good brand layout in advance. 
On December 12, the 2023 Amazon Global Selling Cross-border Summit announced that Amazon Brazil was officially open to Chinese sellers. Brazil is one of the fastest-growing e-commerce regions in the world, according to statista dataBrazil's e-commerce market is expected to grow at a CAGR of 146% ahead of Russia, Mexico and many other countries.
Detailed explanation of trademark registration in Brazil
The trademark registration process in Brazil is generally commercialThe whole registration process of standard search, trademark registration application, formal examination, trademark announcement, and substantive examination registration certificate issuance is generally about 10-14 months.
1.Trademark searches
Before submitting an application for trademark registration, you can log in to MedtoFree manual verification of Brazilian trademarks, in the early stages of the registration applicationCheck the risk of trademark registration, determine whether the applied trademark has a particularly similar prior trademark and the estimated approval rate of the trademark application, etc.
2.Trademark application
To apply for trademark registration, you need to fill out a trademark information application**:Basic trademark information, applicant information, etc。Trademark applicants need:Provide the trademark name or trademark design, trademark category and goods and services, and power of attorney.
Trade name or trademark reproduction: a clear reproduction of the trademark;
Specific trademark categories and goods and services;
Name and address of the applicant (identity document in the name of a natural person;If you apply for a company, you need a business license** or a scanned copy;If the application is made in the name of a self-employed person, it is recommended to apply in the name of an individual as a legal person, so as to avoid the Trademark Office issuing an examination opinion on the qualification of the applicant subject).
Power of attorney (issued by the lawyer based on the information in the trademark application);
If priority is declared, the priority certificate and the corresponding translation (optional) must be provided.
3.Submit an application
The lawyer submits the prepared documents to the National Institute of Industrial Property of Brazil, after which the Trademark Office will issue a receipt of submission.
Mai Mai Reminder:The Brazilian Trademark Office stipulates that an application for trademark registration can only be filed in one category of trademarksIf you have more than one category that you want to protectIt is sufficient to apply for multiple trademarks separately.
4.Trademark Examination
INPI (A formal examination of your trademark application information will be conducted.) If your trademark passes the official formal examination, the trademark will enter a 60-day publication period.
Formal examination
After the application is accepted, the Trademark Office will conduct a preliminary formal examination. The formalities examination is mainly to examine the documents submittedIf the documents meet the requirements, the trademark will enter the publication period, and if it does not meet the requirements, the applicant will be required to make corrections.
Announcements
The period for publication of trademarks in Brazil is 60 daysPublished in the Industrial Property Gazette, any third party may file an opposition within 60 days of the publication period of the trademark.
Substantive examination
After the expiration of the 60-day opposition period, the Trademark Office will conduct a substantive examination of the applicant's trademark application and the opposition filed by a third party. The substantive examination is mainly to examine the distinctiveness, legitimacy and registrability of the trademark, and if it does not meet the requirements, it will be rejected.
At the end of the substantive examination, the Trademark Office publishes a decision to grant registration or reject the application. If the registration is granted, the Trademark Office will issue an electronic trademark registration certificate.
5.Trademark Maintenance
After the trademark registration is completedPay attention to the evidence of the use of the trademarkSuch as purchase contracts and invoices, brochures, sales links, order screenshots, etc), forming a complete chain of evidence to deal withSubsequent potential revocation on the grounds of "non-use for 5 consecutive years".
After trademark registration in BrazilValid for 10 years, expiration dateIt can be renewed in the first 1 year, the renewal is valid for 10 years. If the renewal is not processed before the expiration of the renewal period, the trademark will enter6-month grace periodThere is an additional grace fee incurredIf the renewal is not processed during the grace period, the trademark will face invalidation.
Brazilian Trademark Considerations
When filing the application, make sure that the reproduction of the trademark is clear and accurate.
It is advisable to select the trademark category according to the main scope of business to ensure that your trademark protection can cover your products.
The Brazilian Trademark Office stipulates that applications for registration of trademarks can only be filed in one mark and one class, and if you have more than one class and want to protect, you can apply for multiple trademarks in one mark and class.
The opening of Amazon Brazil provides a new market opportunity for Chinese sellers. To succeed in this market, Chinese sellers need to be well prepared to gain a foothold in the Brazilian market.