Thursday, September 23 2021   \  Published by Moeller IP Advisors.

Brazilian PTO Starts to Receive Position Mark Application in October

By Carlos Cavalcanti. Managing Partner at Moeller IP Brazil.

The Brazilian PTO published this Tuesday (09/21), in the Industrial Property Magazine (RPI) 2646, Ordinance No. 37/2021, which provides for the registration of trademarks in the form of a position mark presentation.

It is considered a position mark the application of a distinctive sign in a singular and specific position of given support, dissociated from technical or functional effect.

As of October 1st, users must use the form referring to the three-dimensional marks, indicating that it is a request for registration of a position mark until the e-INPI petition system makes its own form available.

Previous orders that fit as a placeholder will have a period of 90 days for the necessary changes. The examination of the merits of all position mark registration applications will begin after the necessary adaptation in the Institute’s systems.”



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