IP Snippets

BRAZIL: Consultation on Regulation of Positional Marks

Published: April 28, 2021

Luiza-Duarte-Pereia

Luiza Duarte Pereira Murta Goyanes Advogados Rio De Janeiro, Brazil Trademark Office Practices Committee—Latin America Subcommittee

Verifier

Guilherme Abrantes

Guilherme Abrantes ABO IP Rio de Janeiro, Brazil Trademark Office Practices Committee—Latin America Subcommittee

Brazil is one step closer to enabling the registration of positional marks, with a consultation on proposed changes to national procedures.

Positional marks are a type of nontraditional trademark that aims to protect a mark placed or affixed at a specific position in a product.

On April 13, 2021, the Brazilian Patent and Trademark Office (PTO) opened a public consultation to review (1) the PTO’s draft resolution about the registrability of positional marks; and (2) the PTO’s guidelines for examining positional trademark applications.

Interested parties may submit suggestions until May 12, 2021, to the email address [email protected] or through an electronic form made available on the PTO’s website.

The PTO will review, analyze, and reply to the proposals and thereafter will issue the final version of its resolution and examination guidelines on positional marks.

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