General trademark information of Brazil

Trademark Laws and Regulations:
In Brazil registration is required to establish rights in a trademark; this is a "first to file" jurisdiction. Exceptions include well-known marks, trade names and prior use that can overcome the "first to file" rule.
Use of an unregistered mark for any goods or services in Brazil is legal.

The local law for trademark in Brazil is the Industrial Property Law, in force since May 15th, 1997. Brazil is member of the Paris Convention, Nice and the Madrid Protocol.

Requirements:
An simple signed Power of attorney (POA) is required. Note the power of attorney may be provided within 60 days from the filing date. If not provided by then, the application will be extinguished.);
An statement of business activity.
If an applicant's home country is a signatory to the Paris Convention, the filing date of its home application can be claimed as the filing date in this jurisdiction, provided that its home application was filed within the fixed period of six months preceding the application in this jurisdiction.

The order of the application process is as follows:
The application is filed at the National Intellectual Property Institute (INPI) or through WIPO as an international application through the Madrid Protocol System.
Trademark applications in Brazil are examined in respect of:
formalities; clarity; descriptiveness; distinctiveness and deceptiveness.
Prior to registration, the trademark application is published approx. 1 month after the application date in the weekly gazette “Revista da Propriedade Industrial” (RPI).
The opposition period in Brazil ends on the following date: the 60th day of the opposition term, counted from the date the application is published for opposition purposes in the Official Bulletin (RPI).

Timeframe:
The approximate time from application to registration (for a regular prosecution, without opposition) in Brazil is: 12 to 18 months for both opposed and non-opposed applications. The Brazilian Patent and Trademark Office (BPTO) has hired new examiners and expedited the prosecution of trademark applications bearing in mind the examination standards set forth by the Madrid Protocol.

Duration:
In Brazil a trademark registration is valid up to 10 years. Renewable.
The beginning of the period of a registration is calculated from the registration date.
To avoid being attacked on the ground of non-use, a trademark must be used within the following period of time: five years from grant. Registration can be challenged at any time after five years from grant if the use of the mark has been interrupted for more than five years.

Use of an unregistered mark for any goods or services is legal, provided that the mark does not fall into one of the prohibitions set forth by the law, such as conflict with prior registered or well-known marks, signs contrary to morals and good customs, signs contrary to religious beliefs, or signs that suggest a false indication as to nature, origin, source, etc.

Although no legislation regarding plain packaging has yet been enacted in this jurisdiction, it is being considered. The expected date of enactment is:

There are a few pending Bills at the Brazilian Congress with the purpose of implementing plain packaging rules, the most relevant being Senate Bill 769/2015, released by Senator José Serra, and which was approved by the Senate and converted into Bill 6387/2019, which is pending at the House of Representatives. In Brazil, a bill must be approved by the two Chambers before being enacted.

The Brazilian Intellectual Property Association (Associação Brasileira da Propriedade Intelectual (ABPI)), has issued a resolution challenging plain packaging and it is difficult to foresee when the Bills will finally be subject to a final decision.

A. Time Frame for Obtaining Registration
The approximate time from application to registration (for a regular prosecution, without opposition) is:
12 months.

B. Advantages of Registration

The benefits of registering a trademark include the following:
it is the sole means of obtaining rights in or title to the trademark;
it provides prima facie evidence of ownership and validity;
it provides regional, national, and/or local protection;
it allows use of "Registered Trademark" or other suitable terms or abbreviations to demonstrate ownership of the trademark;
it allows the registrant access to bring actions in particular courts;
it helps to deter others from unlawfully using the trademark;
it provides a defense to infringement;
enforcement of an unregistered trademark is more difficult and more costly than enforcement of a registered trademark;
it confers the ability to recover maximum monetary damages for infringement;
it encourages licensees and provides the opportunity to generate royalties through licensing
(It is now possible to start collecting royalties from the date that a trademark application is filed; it is no longer necessary to wait for a registration to be granted.);
others may register an identical or similar mark that could block the legitimate owner's ability to use or register the mark in Brazil.

II. Pre-Filing

A. Registrable Trademarks

The following signs that can be reproduced graphically and are capable of distinguishing the goods or services of one person or entity from another are registrable as a trademark:

words;
names;
devices;
certain three-dimensional shapes;
colors
(combination of colors only);
trade dress/get-up.

The Brazilian Trademark Office (BPTO) is now accepting the registration of position marks: the first registration was granted for the positioning of three small holes in the frontal part of a shoe design by a local Brazilian company.

The special requirements for the registration of three-dimensional shapes are:
cannot be the necessary, common, or usual shape of a product or its packaging, or shapes that cannot be dissociated from a technical effect.

The special requirements for the registration of colors are:
a combination must be arranged or combined in an unusual and distinctive manner.

The special requirements for the registration of trade dress are:
In Brazil there is no specific trade dress registration. Still, there is robust case law from civil courts and the Superior Court of Justice providing strong protection for trade dress as a way to prevent unfair competition practices.
Depending on the nature of the trade dress, the intellectual property (IP) owner could attempt to obtain trademark protection for it, but it will be necessary to prove that the sign has trademark function. The BPTO's analysis on such cases is normally very restrictive and subjective.
Marks registered in black and white or grayscale are construed broadly to protect the mark both as registered and in other color combinations.

In addition to regular trademark registrations, the following types of trademarks are registrable:

collective marks;
certification marks;
well-known marks;
service marks.
Retail services are registrable provided that the nature of the retail services is clearly identified.

The following are not registrable as trademarks:
marks contrary to moral standards or public order;
generic terms;
names, flags, or symbols of states, nations, regions, or international organizations;
non-distinctive trademarks, absent a showing of acquired distinctiveness (secondary meaning);
marks that function principally as surnames;
geographical indications.
Geographical indications (GIs) are protected in this jurisdiction.

GIs are protected by way of:
special laws for the protection of geographical indications or appellations of origin

(Brazil's industrial property law protects indications of source (geographic names of places that have become known as a center of extraction, production, or manufacture of a product or for providing a service) and designations of origin (geographic names of places that designate a product or service the characteristics of which are due to the geographic environment). Use is restricted to the producers and providers of services established in the locality. Quality requirements also apply to designations of origin.);

trademark laws, in the form of collective marks or certification marks;
laws against unfair competition.

The following products or categories are subject to GI protection in this jurisdiction:
Brazilian IP Law does not exclude or determines specific types of products or services to be subject to GI protection provided that the criteria set forth by the Law are met.

B. Searching
While conducting a private pre-filing search is not mandatory, it is recommended in that it can:

save the applicant the time, effort, and cost entailed in developing, adopting, and applying to register a trademark in which someone else has prior rights;
disclose additional potentially conflicting trademarks, e.g., prior unregistered rights such as those gained at common law.

The national office is accessible online at the following URL:
https://www.gov.br/inpi/pt-br

The official register can be searched online at the following URL:
https://www.gov.br/inpi/pt-br

C. Use
An applicant benefits from pre-filing use of a trademark.
Prior use can be the basis for challenging a third-party application for an identical or strikingly similar mark provided that the rightful owner has been using the mark for more than six months prior to the third party's filing.

The benefits of pre-filing use are:
If the mark has been in use in Brazil for at least six months prior to the date of filing a conflicting application filed by a third party, this prior use can be cited as grounds for a claim to a “right of precedence.” This is an exception to the first-to-file principle.

When a mark is not registered, use of that mark may provide the following benefits:
Courts may protect unregistered trademarks in some exceptional cases
(well-known marks).
Special protection against infringement may be available for a famous and/or well-known mark that is not registered.
Protection against infringement may be available for trademarks with substantial and long-standing use that are not registered
(if well-known status is properly evidenced).

Famous and/or well-known marks are protected via the following mechanism(s):

a registry (other than the usual trademark registry).

Protection for highly renowned marks can be obtained by means of an autonomous request at the BPTO based on an existing local trademark registration. The trademark owner must prove that the mark has obtained awareness by the general public, reputation, and distinctiveness. A public survey covering the national territory is a requirement for protection to be obtained. The BPTO's decision can be appealed and, finally, challenged in court.

D. International Treaties

This jurisdiction is a member of the following international treaties relating to intellectual property:

Paris Convention;

Nairobi Treaty;

Madrid Protocol;

Vienna Agreement.

III. Filing

A. Requirements

If the applicant is not domiciled in this jurisdiction, a local address for service must be provided.

 The exception is applications filed through the Madrid Protocol where no local address must be provided upon designating Brazil. Appointing a local representative will be required if any action is pursued directly at the BPTO such as oppositions or appeals. The issue is controversial because Brazilian Law expressly states that foreign applicants must maintain a local representative to receive service.

Joint applicants are permitted in this jurisdiction.

Neither actual use nor intent to use is required for application.

The following information is required to COMPLETE an application:

name and address of applicant;

state or country of incorporation;

description of trademark;

representation of trademark (a depiction of the mark an applicant seeks to register);

list of goods/services;

power of attorney

(Important note: The power of attorney may be provided within 60 days from the filing date. If not provided by then, the application will be extinguished.);

statement of business activity;

official filing fee;

priority claim, where priority of an earlier application is claimed.

While ALL of the items noted in the list immediately above are required to COMPLETE an application, ONLY THE FOLLOWING ITEMS from that list are required in order to SECURE A FILING DATE:

name and address of applicant;

state or country of incorporation;

description of trademark;

list of goods/services;

official filing fee.

The list of goods and services in this jurisdiction may specify:

a list of names commonly used in the trade for the specific goods or services of interest;

the relevant entire (long) alphabetical class listing.

The relevant entire (long) alphabetical class listing is appropriate to use in applications for:

goods and/or services.

The following number of copies of the trademark must be submitted:

Applications are filed electronically, so for design marks or word and design marks, the applicant only needs to provide an electronic representation of the mark in good resolution.

In this jurisdiction, the following types of registration are available:

national;

international

(through the Madrid Protocol).

This jurisdiction is a party to the Madrid Protocol but not the Madrid Agreement and may be designated in international applications.

This country is not a member of the European Union; a European Union Trade Mark registration is not effective in this jurisdiction.

No (other) multinational regional registrations are available in this jurisdiction.

An international application is subject to the same registrability requirements and examination procedure as a locally filed application. (See the entry for the Madrid System.)

Applications can be filed online at the following URL:

 https://www.gov.br/inpi/pt-br

The official file can be accessed online at the following URL:

 https://www.gov.br/inpi/pt-br

Applications are officially searched as to prior trademarks.

B. Priority

If an applicant's home country is a signatory to the Paris Convention, the filing date of its home application can be claimed as the filing date in this jurisdiction, provided that its home application was filed within the fixed period of six months preceding the application in this jurisdiction.

C. Classification

This jurisdiction uses the Nice Classification System.

If a trademark covers more than one class of goods and/or services, one application can cover multiple classes of goods or services,

but only through a Madrid Protocol designation to Brazil. Local applications are still not multi-class.

For a multi-class application, the applicant must pay class fees on a per-class basis,

but only for applications filed through the Madrid Protocol.

D. Representation

An application to register a trademark may be filed directly in this jurisdiction by:

the applicant, even if not a citizen of or domiciled in the jurisdiction

(through the Madrid Protocol);

a trademark representative/attorney/agent, even if not a citizen of or domiciled in the jurisdiction.

IV. Application

A. Publication

The filing particulars of an application are made available to the public.

The filing particulars are made available to the public:

online.

The following application details are made available to the public:

mark;

name of applicant;

state or country of incorporation of applicant;

application number;

application date;

goods/services;

priority claim information;

representation of trademark.

B. Examination

Applications are examined in respect of:

formalities: i.e., for compliance with the filing requirements;

classification: i.e., to ensure that the goods or services fall within the class(es) listed in the application;

clarity: i.e., that descriptions are clear and understandable;

descriptiveness: i.e., to check whether a trademark functions solely to provide information about the goods and services affiliated with the trademark;

distinctiveness: i.e., to ensure that trademarks are capable of being represented graphically and of distinguishing the goods or services of one individual or organization from those of other individuals or organizations;

deceptiveness: i.e., to check whether a trademark is of such a nature as to deceive the public (for instance, as to the nature, quality, or geographic origin of the goods or services);

conflict with prior registration, prior-filed application, or earlier unregistered rights resulting from an official search.

If the local trademark authority issues a preliminary refusal to register a mark based on an earlier registration owned by another:

The existence of a valid coexistence agreement between the applicant and the cited registrant may be accepted as evidence permitting registration of the application; its acceptance is at the discretion of the trademark authority.

This jurisdiction does not have disclaimer practice (i.e., a practice whereby the applicant must disclaim any exclusive right to an element of a trademark that is not distinctive).

The order of the application process is as follows:

publication, examination, registration.

C. Prosecution

Accelerated examination may not be requested.

The following rights are established by a pending application:

the filing date of the application establishes a home filing date for purposes of priority;

the pending application can be cited in official examination against a subsequent (later-filed) conflicting application;

the pending application can be used in a third-party opposition proceeding against a subsequent (later-filed) conflicting application;

the pending application establishes prima facie proof of ownership of a trademark.

D. Opposition

Opposition is available.

Opposition is conducted pre-grant.

Post-grant opposition is also available but will not suspend the effects of the registration.

The following can be grounds for opposition:

proprietary rights, such as an earlier conflicting registration;

the mark is descriptive, i.e., it consists of a sign or indication that may serve in trade to designate the kind, quality, quantity, intended purpose, or value of goods or of rendering of services or other characteristics of goods or services;

the mark is not distinctive;

the mark is misleading, deceptive, or disparaging;

the mark is functional;

breach of copyright;

rights under Article 6bis of the Paris Convention (notorious or well-known mark);

rights under Article 6ter of the Paris Convention (protection of armorial bearings, flags, and other State emblems);

rights under Article 6septies of the Paris Convention (registration in the name of the agent or other representative of the proprietor of the mark);

rights under Article 8 of the Paris Convention (trade names);

registered design rights;

rights in a personal name;

the mark is generic, i.e., the mark consists exclusively of signs or indications that have become customary in the current language or in the bona fide and established practices of the trade;

the mark consists of a geographical indication;

the mark is against public policy or principles of morality;

the mark reproduces a trade name;

the mark was filed in bad faith by a competitor that could not be unaware of the rightful owner's prior mark;

the sign or expression is used only for advertising purposes.

An application is published for opposition purposes before formal examination of the application.

The opposition period begins on the following date:

date of publication of the application.

The opposition period ends on the following date:

60 days counted from the publication of the application.

The following parties may initiate an opposition:

any interested party;

the owner of an earlier right.

Oppositions can be filed online.

E. Proof of Use

Proof of use is not required prior to the issuance of a registration or the issuance of a notice of allowance/acceptance.

V. Assignment, Licensing, and Other Changes to Trademark Records

A. Assignment

An application can be assigned.

A registration can be assigned.

An assignment of an application must be for the entire territory covered by the application.

An assignment of a registration must be for the entire territory covered by the registration.

An assignment of an application must be for all of the goods or services listed in the application.

An assignment of a registration must be for all of the goods or services listed in the registration.

Goodwill need not be included in an assignment of an application.

Goodwill need not be included in an assignment of a registration.

An assignment document for an application requires:

name of assignor;

address of assignor;

citizenship of assignor;

name of assignee;

address of assignee;

citizenship of assignee;

details of the trademark being assigned;

effective date of the assignment;

signature by assignor;

signature by assignee;

consideration (either actual or nominal);

 payment of official fees.

An assignment document for a registration requires:

name of assignor;

address of assignor;

citizenship of assignor;

name of assignee;

address of assignee;

citizenship of assignee;

details of the trademark being assigned;

effective date of the assignment;

signature by assignor;

signature by assignee;

consideration (either actual or nominal);

 payment of official fees.

Legal verification of a written assignment document of an application is required by:

witnesses.

Legal verification of a written assignment document of a registration is required by:

witnesses.

An assignment of an application must be recorded to be effective.

An assignment of a registration must be recorded to be effective.

B. Licensing

Use of a mark that is the subject of an application can be licensed.

Recent updates have allowed for royalties to be paid and remitted to the licensor based on a trademark application.

Use of a registered mark can be licensed.

In this jurisdiction, registered trademark users (as opposed to licensees) cannot be recorded.

A license of an application can be made for a portion of the territory covered by the application.

A license of a registration can be made for a portion of the territory covered by the registration.

A license of an application can be for some or all of the goods or services listed in the application.

A license of a registration can be for some or all of the goods or services listed in the registration.

A license of an application can be exclusive (only one licensee, with the owner excluded).

A license of an application can be sole (only one licensee and the owner).

A license of an application can be non-exclusive (multiple licensees and the owner).

A license of a registration can be exclusive (only one licensee, with the owner excluded).

A license of a registration can be sole (only one licensee and the owner).

A license of a registration can be non-exclusive (multiple licensees and the owner).

Use by a related company of a mark that is the subject of an application need not be licensed.

Use by a related company of a registered mark need not be licensed.

However, a licensing agreement would make the license enforceable against third parties and would enable the payment and remittance of royalties.

A license of an application can be made with a time limitation.

A license of a registration must be made with a time limitation (i.e., it cannot be perpetual).

A license document for an application requires:

name of licensor;

address of licensor;

name of licensee;

address of licensee;

citizenship of licensee;

details of the trademark to be licensed;

goods and services being licensed;

commencement date of the license;

term of the license;

territory of the license;

signature by licensor;

signature by licensee;

express permission to sublicense, if appropriate.

A license document for a registration requires:

name of licensor;

address of licensor;

citizenship of licensor;

name of licensee;

address of licensee;

citizenship of licensee;

details of the trademark to be licensed;

goods and services being licensed;

commencement date of the license;

term of the license;

territory of the license;

simple signature by licensor (see below for execution requirements);

simple signature by licensee (see below for execution requirements).

Legal verification of a written agreement to license an application is not required.

Recent rule changes have extinguished most formalities for the purpose of recordation of license agreements.

A license of an application must be recorded to legitimately control use by and obtain royalties from the licensee.

 According to a recent change in regulations, applications can now generate royalties.

A license of a registration must be recorded to legitimately control use by and obtain royalties from the licensee.

The license for a renewed registration need not be re-recorded.

Legal verification of a written agreement to license a registration is not required.

Recent changes in regulations have extinguished all formalities for recordation of license agreements.

C. Other Changes to Trademark Records

The requirements for the recordal of name changes, mergers, and other important corporate updates on trademark records are as follows:

power of attorney, without further formalities;

deed of assignment, without further formalities;

certificate of proof of change of name, without further formalities;

certificate of merger, without further formalities.

The requirements regarding the recordal of updated addresses on trademark records are as follows:

presentation of updated bylaws or other document evidencing the modification of address;

payment of official fees.

The requirements for recording liens against trademark records, such as security interests, are as follows:

 An official document attesting the existence and details of the lien must be presented. No formalities are required.

VI. Registration

A. Requirements

A fee is required for issuance of the registration.

The following documentation is required for issuance of the registration:

none.

B. Rights

The following rights are established by registration:

the exclusive right to use the registered trademark;

the right to oppose subsequent conflicting applications;

the right to bring a cancellation action against a subsequent conflicting registration;

the right to sue for infringement against confusingly similar third-party trademark use;

the right to license third parties to use the trademark;

the right to apply for seizure by customs authorities of counterfeit goods being imported into this jurisdiction;

the right to obtain damages for infringement.

The Roman alphabet is used to represent the official language(s) of this jurisdiction.

A trademark becomes incontestable, that is, the validity of the registration cannot be challenged, after the following time period:

counting from the date of registration of the mark:

 5 years, although bad faith registrations will not be bound to a statute of limitations in accordance with the Paris Convention.

The territorial limit of registration is:

Brazil.

C. Term

The initial term of a registration is:

10 years.

The beginning of the term of a registration is calculated from:

the registration date.

D. Marking Requirements

Marking is not compulsory for registered trademarks, but is advisable because:

 it may reduce infringements since third parties will become aware of existing rights.

Any marking should be in the form(s) mentioned below. Please consult a local trademark attorney in case of doubt.

TM;

SM;

®.

The use of ® is not legally recognized.

The legal consequences of false or misleading marking are:

It can be considered as unfair competition practice as well as an infringement to consumer law and fair advertisement regulations.

VII. Post-Registration

A. Use Requirements

Attack on the ground of non-use is available.

To avoid being attacked on the ground of non-use, a trademark must be used within the following period of time:

 5 years from grant. Recent regulations have established that the trademark owner is waived from providing evidence of use within the first 5 years counted from registration.

To satisfy the use requirement, the amount of use:

must be on a commercial scale.

Recent changes in the BPTO's guidelines reinforce that actual use in commerce must be evidenced by the trademark owner.

Use of the trademark must occur in:

this jurisdiction.

The consequences of a trademark's not being used are as follows:

After 5 years from grant, the registration will become subject to cancellation based on non-use that can be triggered by any interested party.

Periodic statements of use or other mandatory filings by the trademark owner setting forth use of the trademark are not required.

An action for non-use of a trademark can be brought by:

any interested third party.

Non-use can be excused under the following circumstances:

import restrictions;

other government policies;

 other force majeure reasons.

Resumption of use after non-use for the prescribed period (see above) does not cure non-use.

This is applicable if use is resumed after the cancellation request based on non-use is filed by the third party. If no request is filed, non-use can be cured at any time within the existence of the registration.

Use of a registered trademark in a modified form would not affect the enforceability of a registration and is allowed if the difference is slight and provided that the modification does not materially alter the distinctive character of the trademark. Consult a local trademark attorney.

Amendment of a registration to conform to a modified form of the trademark is not possible. Depending on the circumstances, a new application to register the modified trademark might be necessary. Consult a local trademark attorney.

B. Cancellation

Cancellation is available.

Both a post-grant opposition within 180 days from grant and a cancellation court action within 5 years from grant are available.

The following can be grounds for cancellation:

proprietary rights, such as an earlier conflicting registration;

the mark is descriptive, i.e., it consists of a sign or indication that may serve in trade to designate the kind, quality, quantity, intended purpose, or value of goods or of rendering of services, or other characteristics of goods or services;

the mark is not distinctive;

the mark is misleading, deceptive, or disparaging;

the mark is functional;

breach of copyright;

rights under Article 6bis of the Paris Convention (notorious or well-known mark);

rights under Article 6ter of the Paris Convention (protection of armorial bearings, flags, and other State emblems);

rights under Article 6septies of the Paris Convention (registration in the name of the agent or other representative of the proprietor of the mark);

rights under Article 8 of the Paris Convention (trade names);

registered design rights;

rights in a personal name;

the mark is generic, i.e., the mark consists exclusively of signs or indications that have become customary in the current language or in the bona fide and established practices of the trade;

the mark consists of a geographical indication;

the mark is against public policy or principles of morality;

the mark has not been authorized by competent authorities pursuant to Article 6ter of the Paris Convention;

the mark includes a badge or emblem of particular public interest;

the mark is used in a misleading manner;

the mark is prohibited in this jurisdiction;

the application for or registration of the mark was made in bad faith.

There is a deadline for bringing a cancellation action.

The deadline for bringing a cancellation action is:

180 days from registration grant (post-grant opposition) or 5 years from grant (cancellation court action).

The following parties may bring a cancellation action:

any interested party;

the owner of an earlier right.

Cancellation actions can be filed online at the following URL:

 https://www.gov.br/inpi/pt-br

C. Renewal

The following documentation is required for renewal:

none.

The only exception to this is if the renewal is not applied for by an attorney-of-record, in which case a new power of attorney would be required.

The first renewal date of a registration is:

10 years from the registration grant date.

Subsequent renewals last for the following period of time:

 10 years from the date of grant. For example, if a registration is granted on November 10, 2019, renewal will be due on November 10, 2029. In a scenario where the renewal request is filed on November 2, 2029, the next renewal term will remain November 10, 2039.

The renewal pre-payment period is:

no more than the following number of months before the renewal date:

 12 months.

There is a grace period for renewing registrations once the renewal date has expired.

The grace period after the renewal date has expired is:

6 months.

The penalty for late renewal is:

a fine.

Renewal can be effected online at the following URL:

 https://www.gov.br/inpi/pt-br

At the completion of renewal, a new registration number is not issued.

VIII. Customs Recordation

A. Customs Recordation

Trademarks that are registered in this jurisdiction can be recorded with the customs authority, the name of which is:

 The National Directory to Combat Trademark Counterfeiting is a database managed by the BPTO where government officials can consult whom to contact whenever assistance in fighting IP infringements is required. The National Directory accepts the filing of documents and materials that enforcement authorities can use to correctly identify and seize unauthorized products. Besides recording trademarks at the National Directory, IP owners may also apply for the inclusion of their properties within the Federal Revenue database.

Recordation with the customs authority can be accomplished online at the following URL:

 Recordation can be done online but prior personal contact between the IP representative and the custom authorities is necessary through initiatives such as training sessions.

IX. Domain Names

A. Domain Names

A domain name may be protected as a trademark only if the domain name is not merely a Web address but is used or intended to be used in connection with goods or services.

The following approved registrars can register a domain name in this jurisdiction:

https://registro.br/

Availability of domain names in this jurisdiction can be searched through the following website(s):

https://registro.br/tecnologia/ferramentas/whois/

The Country Code Top-Level Domain (ccTLD) for this jurisdiction is:

.br

To obtain a domain name under the ccTLD in this jurisdiction, the following is required:

a local address.

Domain name registrations can be assigned.

Domain name registrations can be licensed.

A domain name registration may be contested in this jurisdiction through the following mechanisms:

a Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceeding, filed through the following locally approved domain-name dispute resolution service provider(s) in the jurisdiction:

Associação Brasileira da Propriedade Intelectual (ABPI);

Câmara de Comércio Brasil-Canadá (CCBC);

World Intellectual Property Organization (WIPO).

Once a registration lapses as a result of failure to renew, it cannot be revived or restored.

The application to register a domain name as a trademark will be examined for conflicts with prior trademarks.

An earlier-filed domain name registration can create rights effective against a later-filed trademark registration application filed by another only if the domain name is being used as a trademark in addition to being used as an address.

In general, the courts apply the same principles to domain name disputes as are applied to trademark disputes.

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