Nice classification, 10th edition
Before January 3rd, 2000, there was a national classification of 35 classes for goods and 6 classes for services (similar to the Nice international classification) each subdivided in local subdivisions. Older registrations that have not been re-classified are still using this national classification.

Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, combination of colors, three-dimensional forms and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks and certification marks. They can be presented as word, figurative, combined (word + figure/logo) and three dimensional marks.

The application if filed at the Brazilian Patent and Trademark Office (BPTO).
A separate application has to be filed for each class.
Foreign applicants need a local agent or lawyer.
A simply signed power of attorney suffices for all trademark filings in the name of the same owner. The local representative must be authorized to state that applicant is engaged in the field of commerce or industry related to the products or services claimed in the application.
Foreign applicants do not need a domestic registration nor domestic company incorporation.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. The processing time from first filing to registration is approx. 3 years.
Prior to registration, the trademark application is published approx. 3 months after the application date in the weekly gazette “Revista da Propriedade Industrial” (RPI).

National:
The opposition period is 60 days from publication date of the application.
After the grant decision it is also possible to file a cancellation action at the BPTO within 180 days from the grant publication.

Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
not a member of the Madrid Agreement or Protocol.

A trademark registration is valid for 10 years from the date of registration.
The registration is renewable for periods of 10 years.

A TM registration becomes vulnerable to cancellation requests by third parties, with basis on non-use, after the 5th year of registration.

The BPTO official fees for each trademark application are BRL 475 (approx. EUR 190) for paper filing, and BRL 355 (aprox. EUR 145) for e-filings (last updated January 2013).

Trademark Licence Agrreement
In Brazil a licence can be an oral contract but should preferably be in writing. It is permitted to license the use of unregistered trademarks. A licence can be restricted to only some of the goods or services in respect of which the mark is registered. The sale of a registered trademark does not automatically terminate the licence. There are statutory provisions prescribing the terms of licensing. In accordance with Brazil’s Industrial Property Law, the proprietor has the right, but not an obligation to exercise effective control over the specifications, nature and quality of the licensed products and/or services. The licensee must exercise his best efforts to preserve the proprietor’s rights against infringing parties. There are royalty limitations varying according to the product/service.

Recordal
There are provisions in law for the recordal of a licensee with the Trademark Office (BPTO).
Recordal is compulsory to allow the remission of royalties to other countries, legally bind third parties and allow tax deductibility. The Recordal is not required in order to proof use of the mark by the licensee Recordal is only effective after publication.
There is no time frame for a recordal. There is no prescribed form for a licence agreement, but for purposes of recordal it must contain the registration or application number of the licensed mark, state whether sub-licensing is permitted, any royalties and payment conditions and the term of the agreement.

Further documents are required for a recordal:
1. Recordal form and receipt of payment of the BPTO official fee
2. A notarised and legalised power of attorney of the licensor and licensee, with specific powers to accept service of summons in lawsuits that involve the licensor’s intellectual property rights (notarised and legalised up to a Brazilian Consulate)
3. If applicable, details of the corporate relationship between licensor and licensee, including details of stockholders/ shareholders of the companies
4. The signatories to the agreements and any amendments must be identified and qualified. If the documents were signed abroad, the corresponding signatures must be notarised and legalised.

Effectiveness
A licence agreement becomes effective between the parties upon signature, but only becomes enforceable against third parties after publication of the recordal of a licence agreement in the Official Gazette.

Infringement Proceedings
The Brazilian trademark law provides a full range of alternatives for the trademark owner to enforce trademark rights in the territory, including civil and criminal measures, preliminary injunction and relief requests, indemnity and seizure of infringing and counterfeit products. Licensee may join plaintiff in an infringement lawsuit, but can only act solely against infringement if expressly provided in the recorded trademark license.

Search type	First class	Add. class
Word Mark Search (availability)	490,00 €	310,00 €
Word Mark Search (identical)	340,00 €	240,00 €
Extended Search (word mark, company name, domain)	710,00 €	310,00 €
Device Mark Search (availability)	660,00 €	450,00 €
Trademark Owner Search	290,00 €
Company Name Search	300,00 €
Domain Name Search (extended)	72,00 €
i-Search (word mark availability + legal opinion)	520,00 €	390,00 €

The Prices above are S.M.D. Markeur Search Fees