Secondary Meaning In Brazil: Effective Recognition Under A Consolidated Set Of Rules
By Adriane Bonato Following up our last article published on 23 July 2025, the present article has the objective of updating the subject on the effective recognition of the Secondary Meaning in Brazil, which set of rules entered into force on November 28, 2025, with practical implementation by the Brazilian Patent and Trademark Office (BRPTO) […]
Brazil Introduces New Rules On Acquired Distinctiveness In Trademark Registration
Author: Adriane Bonato Acquired Distinctiveness Will Be Recognized by the Brazilian Patent and Trademark Office (BPTO) Starting November 28, 2025: A New Regulatory Framework for the Registration of Marks Lacking Inherent Distinctiveness 1. General Provisions As a general rule, a trademark is a distinctive sign capable of identifying a single commercial source of goods or […]
The New Brazilian Patent Trademark Office (“BRPTO”) Guidelines For Trademark Registration Of Advertising Expressions/Slogans
By Adriane Bonato In the contemporary commercial landscape, a trademark transcends its basic function of identifying products or services to become a strategic element of communication and differentiation in the market. With the advancement of marketing practices and increasingly competitive markets, advertising expressions/slogans play an important role in building trademark identity. Recently, the Brazilian Patent […]
Request For Examination, End Of Examination And Appeals Of Patent Applications In Brazil – A Complicated Equation Impacting How You Should Treat Your Claims
By André Venturini Applicants have a term of three years counted from the filing date of a patent application to request its substantive examination in Brazil. Due to the country’s historical backlog of patent applications waiting to be examined, the Brazilian Patent Office (BRPTO) has always ordered the applications based on their filing dates, and […]
Sports Betting And Its Regulation In Brazil: New Possibilities For Trademark Registration
By Adriane Bonato Online sports betting is booming all over the world, not only in traditional markets such as the United States and the United Kingdom, but also in emerging countries such as Brazil. Brazilians have a long tradition of passion for sports, especially soccer, which naturally extends to sports betting. A study conducted by SimilarWeb […]
Legal Framework For Games And Its Perspective From The Intellectual Property Point Of View
By Adriane Bonato Law No. 14.852 came into force in Brazil last May, establishing the legal framework for the electronic games industry in the country. The games industry in Brazil has experienced significant growth in recent decades, becoming one of the most dynamic and promising sectors of the creative economy. With a player base exceeding […]
COMJUR CCBF – Chambre de Commerce du Brésil en France: Éléments d´introduction au droit des marques brésilien
Notre associé Louis Lozouet a récemment publié une série de deux articles sur le droit des marques au Brésil dans le cadre des activités de la Comission Juridique (COMJUR) de la Câmara de Comércio do Brasil na França – CCBF. Les thèmes abordés sont les suivants : – « Dénomination sociale, nom de fantaisie et marque déposée au Brésil », […]
Position Trademarks In Brazil: Review Of Two Years Of Protection
By Adriane Bonato Following up our previous article on the availability of position trademarks in Brazil that came into force on October 1st, 2021, by means of Brazilian PTO´s (BRPTO) Ordinance Nº 37/2021, the purpose of the present article is to present a review of the past two years of effective protection of this type […]
Unveiling The 5G Brazilian Patent Landscape: The BRPTO’s Report
By André Venturini The 5G network has been always seen as a milestone in the way we connect with the digital world. Its ultra-high speed, ultra-low latency and network capacity provide for more than wider use of streaming and social networking. It allows the implementation of new products and services, such as autonomous vehicles, remote […]
New Legal Framework Introduces Changes To The Deductibility Of Royalty Payments And Royalty Remittance Rules
By Louis Lozouet In the past six months, Brazil has seen significant developments in tax legislation and foreign exchange regulation that will improve the process of remitting abroad royalties arising from IP contracts, as well as the deductibility of royalty payments. 1. New transfer pricing law Brazil has recently enacted a new transfer pricing legal […]
