Monday, February 21 2022   \  Published by Peduti Advogados.

Cancellation for nonuse of trademarks in Brazil

After obtaining the trademark registration, it is important to continue using the trademark continuously and identical to the one requested within the application. If you’ve had a trademark for more than five years and you start using a different mark, with another words, colors or designs, you can lose your trademark registration in Brazil.

According to the brazilian law, “after five (5) years of its granting, on the date of the application, the registration, upon request of any person with legitimate interest, shall expire if: 

I – the trademark has not been used in Brazil; or 

II – the trademark has ceased to be used for more than five (5) consecutive years or, within the same term, the trademark has been used in a different manner, causing its original distinctive nature to be changed, as provided for in the certificate of registration”. Read more

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