Monday, December 13 2021   \  Published by VLG Brazil Intellectual Property.

Trademark cancellation in Brazil

According to Brazilian IP Law, it is possible to file an Administrative Cancellation in order to try to cancel a trademark registration. Such procedure may be initiated ex officio or upon the request of any person with a legitimate interest within 180 days counted from the date of grant and before the Brazilian Patent and Trademark Office (INPI); the cancellation may be total or partial. The registrant may respond the cancellation within 60 days from its publication. The response is not mandatory; however, it is strongly recommended to file it confronting third party’s argument.

Even if no response is filed, the procedure shall be analyzed by the President of Brazilian PTO. The cancellation proceedings will be continued even if the registration is extinct, since declaration of nullity will be effective as from the filing date of the application. Read more

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