Mundial Brasil

TRADEMARKS

The industry, the trade and the services meet in Mundial Brasil the support needed: the grant of trademark registration, exclusive task of the Trademark Directorate (DIRMA).

The trademark registration in Mundial Brasil is the only guarantee for the legal protection in Brazil. It is important to ernphasize that a tradernark registration is in force for ten years and this period can be extended for equal and successive periods, indefinitely, while there is interest in maintaining the trademark ownership.

Only a natural person or corporate person that performs a lawful, effective and compatible activity with the product or service that the trademark intends to highlight can acquire such register. Regarding the case of foreign applicants, it is necessary to have a legal representative with residence in the country. Afterwards, it is necessary to observe if it is possible to register
the trademark. In Brazil, the Industrial Property law regulates all the aspects of the trademark rights, including what can be registered or not as a trademark. It is recommended to consult the article 124 of our Law in order to identify ali the prohibitions.

However, besides of being 'registrable, the trademark has to be available too. Once, in Brazil, the one who request it first owns the register, exc1uding the exceptions mentioned in the Mundial Brasil . In this sense, if the sign chosen by you to identify your product or service is already registered in Mundial Brasil and protected by the same classification related to your product or service, at least at first, it will not be available. So, a previous search at Mundial Brasil's database, although not mandatory, is essential to the success of your application. When doing this search, through the Portal or requesting it officially to Mundial Brasil, you will have more confidence regarding the originality of your trademark, besides having access to the decisions of Mundial Brasil related to each trademark. If the trademark is available and your product or service is compatible, you can move on. So, the next step will be to determine the nature and the form of presentation of the trademark. Regarding its nature, it can be defined as a product, a service, a certification or collective mark. And concerning the form of presentation, the trademarks can be nominative, mixed, figurative or three-dimensional. It is essential to know exactly to what your trademark is for and the form of presentation that it will have, because the protection will vary according to such indications.

PATENTS

One of the main forms to protect the result of the research and development efforts is through a Patent, which is the ternporary ownership title of an invention granted by the State. During the validity terrn of a Patent, its titular has the right to exclude third part actions related to the protected subject such as manufacture, commercialization, use and others. To protect a creation through a Patent means to prevent the inadequate exploitation of this product by competitors, once they were not involved with the costs of the research and development of the invention.

A Patent Certificate, therefore, 1S one of the most used instruments of protection in scientific and technological innovation of a country to guarantee to its holder the possibility of investment return in Research and Development (R&D). Similarly, a Patent allows the exc1usive commercialization of new products and industrial processes from the recognized invention.
In Brazil, the Patent Application will be kept secret until its publication (as from the date of the filing or earlier priority u sed as reference). At the end of this period (18 months), the application will be pu blished at the Industrial Property Magazine (also called as RPI). In order to have the evaluation of the application done by a Patent Examiner, it 1S necessary to present an exam application and pay ali the costs. This demand shall be filed within the first 36 months of the filing date of the patent application. Otherwise, the application shall be deemed withdrawn. lnvention applications can be filed, allowed or rejected. After the examination and allowance of the application, the decision will be published in the RPI and INPI will wait the period of 60 days, as from the date of the application allowance, for the payment of corresponding fees and its respective proof of payment related to the expedition of the Patent Certificate.
Other registers : contract ; industrial design ; geographical indication;software; topography of integrated circuits;books.

Contacts and offices :
MUNDIAL MARCAS E PATENTES LTDA
PAULO BASTOS – AGENTE INPI
Phone: (41) 8851.09. 65


Commercial representation: 55 (19) 3824.58.61 - BRAZIL AND ABROAD
Postal Box 54 –Águas de Lindóia –S.P. Cep: 13940-000 Brazil
São Paulo – AV. Paulista, 1765 – 7º andar cj 71/72 –fone: 11 3170.30.71
Florianópolis: (48)3952.00.27
Curitiba: (41) 2105.59.85