We advise our client to do the Trademark Comprehensive Study in order to avoid it, however, if objections or oppositions arise, EB relies on qualified trademark attorneys that will guide you in the course of action, plus:
- Communicate the details of the action to you as quickly as possible;
- Include Future-steps and possible arguments;
- Monitor deadlines and explain the costs to prepare and submit a response if needed.
Your counsel must present as soon as possible a Trademark Defense if you want to move forward with the registration process. We hardly advise you consult a professional trademark service like EB or trademark attorney familiar with brazilian law, as the Trademark Office is claimed to not register your mark by a third party that has challenged your mark believing your mark infringes on theirs.
Any interested party can oppose a trademark registration.
Yes. The opposition is available on the following grounds:
- Proprietary right
- Mark is descriptive
- Mark is not distinctive
- Mark is misleading or deceptive
- Breach of copyright
- Rights of notorious marks
- Rights of trade names
- Rights under Article 6 septies of the Paris Convention
- Rights in the registered design
- Rights in a personal name
Yes, this may be done:
- Change of name: this is applicable when the bylaws are amended and the company name changes, for example, a change in business name or entity type. The ownership of the trademark is not transferred from one entity to another; it remains under the same ownership, but with a different name.
- Change of address: the owner of the trademark changes the address.
- Change of attorney on file: the owner of the trademark changes the legal representative/attorney on file.
An ownership transfer or assignment is when the owner of the trademark changes due to a transfer of rights, trade, donation, merge, etc, through a Trademarks Office.
A Cease and Desist letter is known as a cost-effective way to protect your mark against unauthorized use, as taking legal action against infringers can be costly. Therefore, your attorney may mail a formal Cease & Desist letter to the infringing party in order to inform them of the trademark infringement and request that the offending party stops using the mark for business purposes.
Using our Trademark Watch Service, also known as a trademark monitoring service. It will grant you to file a timely opposition by detecting any trademark request that is in the publication stage and that may infringe upon your trademark.
Therefore, to avoid conflicts with other trademarks EB provides you:
- 24/7 monitoring of published word marks which can be identical or similar, granted by a leading technological platform in intellectual property surveillance.
Yes. The Nice Classification system is followed in Brazil.
Because Brazil is not a European Union member, the Community Trademark is not effective in this jurisdiction.