Recently, the Brazilian Patent and Trademark Office (BPTO) published Resolution No. 206/2017, which aims at reducing the bureaucracy involved in the trademark registration procedure. This Resolution will become effective as of January 25, 2018.
Beginning on that date, the trademark applicant’s declaration alone, stating that they lawfully act and are engaged in the same market segment in which the trademark application is sought, will be sufficient for registration purposes. Previously, the BPTO would require that the applicants provided supporting documentation to prove their activity in the same field of the trademark application intended for protection. Going forward, the declaration will simply be included on the application itself.
Additionally, a declaration of veracity of the information provided by the applicant regarding the power of attorney will be sufficient to fulfill the formal requirements for the trademark prosecution procedure. Previously, additional document could have been required to prove the accuracy of the details on the power of attorney as well.
Interested third parties will still be able to raise questions about this information before the BPTO, through an administrative petition, which would be analyzed by the BPTO on a case-by-case basis.
These measures will benefit both the applicants and the BPTO, as there will be less documentation needed to be provided by the applicant to begin the registration procedure, which means less formalities and documentation to be reviewed by the BPTO during the prosecution procedure. These efforts are made as part of an overall attempt by the BPTO to lessen the burdens of bureaucracy and to reduce the application backlog.
For more information on trademarks, as well as other IP rights in Brazil, do not hesitate to contact us.
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