Brazilian Patent and Trademark Office (INPI) analyzes relative and absolute grounds during the trademark examination. According to the Article 124, XIX of Brazilian IP Law, reproductions, in whole or in part, of a previous mark registered in the country likely to cause confusion between the consumers are not registrable as trademarks in Brazil.
If a mark is refused based on likelihood of confusion, there are some measures that may be taken against the third party’s cited mark.
- Consent Letter
According to Technical Report nº 01/2012 of Brazilian PTO Committee related to Improvement of Prosecution and Examination Guidelines, Brazilian PTO is not obliged to accept trademark coexistence agreements or consent agreements (letters of consent), those documents are considered an “aid” to assist the examiner’s analysis.
However, letters of consent could be accepted if it’s proved that trademarks cannot cause confusion between consumers. Read more