The Brazilian National Institute of Industrial Property (INPI) published a new Manual of Trademarks on November 27, 2014. A Portuguese version of the Manual is available here
The new Manual of Trademarks consolidates the guidelines and procedures for examining trademarks, as well as instructions for filing and monitoring trademark applications, serving as a reference for trademark examiners and users. The Manual is much larger (244 pages) than the previous Guidelines on Trademark Examination, which was 72 pages, as it consolidates procedures regulated by additional acts and resolutions of INPI.
Many procedures that were regulated according to “internal understandings” that were not previously published but followed by INPI examiners are now included in the Manual, which is a positive step in terms of transparency.
Examples of procedures and guidelines covered in the Manual include:
- procedure to request the correction of an application already filed due to a mistake of the applicant;
- rules for applications filed by minors;
- guidelines for examination of the distinctive nature of a word and design mark when the word element is considered a nonregistrable term;
- guidelines for examination regarding personality rights of a deceased person; and
- guidelines for removal of a nonregistrable element of a mark at the request of the applicant.
Many existing procedures and guidelines were also updated, such as:
- disclaimers of design elements of a mark;
- guidelines on examination of powers of attorney;
- guidelines for examination of images of public monuments and official symbols in stylized form; and
- changes to the specification of products and services at the request of the applicant.
The Manual contains a detailed explanation of the procedure to file trademark applications, both in paper and online.
INPI has also announced its intention to update the Manual annually.
Although every effort has been made to verify the accuracy of items in the INTA Bulletin, readers are urged to check independently on matters of specific concern or interest.
© 2015 International Trademark Association