Trademarks

The trademark is a powerful business marketing instrument and many times the most valuable intangible asset of a company. Trademarks are signs (in Brazil they must always be visually perceptible*) that act in the distinction of products and services markets explored by the companies or by individuals (products and services trademarks), stating the adequacy (certification marks) for identifying products or services deriving from members of a certain entity (collective mark).

* Movement, smell, and sound trademarks are not included:

• Tarzan´s shout
• Sound of a Harley-Davidson
• Intel´s sound
• McDonald’s smell
• MGM Opening
• Dreamworks
• Windows

Individuals and corporations, public or private, may file for a trademark always in accordance to the activity practiced, effectively and legally, or through companies that control directly or indirectly.

A trademark to be granted must be distinctive, visually perceptible* and not be under the legal prohibition.

* Movement, smell, and sound trademarks are not included:

• Tarzan´s shout
• Sound of a Harley-Davidson
• Intel´s sound
• McDonald’s smell
• MGM Opening
• Dreamworks
• Windows

The trademark is registered to assign products and/or services evidently exploited, directly or indirectly or else, for those established in the corporate purposes of the legal entity or another that is controlled by it. In case of autonomous or individual professionals, the trademark will be granted for the services that are included in the autonomous professional inscription or profession duly acknowledged by due union (e.g, BAR, Medical or Engineering Registrar).

The registration shall be for each product or service class:

• List of products in Class Order

• Additional List of Products

• List of Services in Class Order

• Additional List of Services

It will be for each country, individually, with or without priority *. In case of countries that are part of the EU, the registration may be common.

* According to the Paris Convention, signed by Brazil and other 172 countries, the right to priority for trademarks requests in these countries is 6 (six) months from the presentation of the first requirement in one of the signing countries

In Brazil, the registration is valid for 10 years, and may be renewed by equally long terms.

Product or Service marks: distinguish the products or services from others that are the same, similar or related but of other origin;

Certification marks: are used to certify that certain product or service is in accordance to determined technical specifications, regarding its nature, material, mode of manufacture and quality. They state the technical accuracy to rules established by competent institution and that does not have any commercial our industrial interest on the goods or services attested.

Collective marks: are trademarks or service marks intended to be used, by the members of an entity, including a mark that indicates membership in a union, an association, or other organization. They should be claimed to identify the origin of products and/or services of the same collective group, including cooperative, an association, or other collective group or organization. They serve to identify joint owners of a same region.