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.”