Brazilian PTO starts to receive position mark application in october

22. September 2021

By Carlos Cavalcanti. Managing Partner at Moeller IP Brazil.

The Brazilian PTO published this Tuesday (09/21), in the Industrial Property Magazine (RPI) 2646, Ordinance No. 37/2021, which provides for the registration of trademarks in the form of a position mark presentation.

It is considered a position mark the application of a distinctive sign in a singular and specific position of given support, dissociated from technical or functional effect.

As of October 1st, users must use the form referring to the three-dimensional marks, indicating that it is a request for registration of a position mark until the e-INPI petition system makes its own form available.

Previous orders that fit as a placeholder will have a period of 90 days for the necessary changes. The examination of the merits of all position mark registration applications will begin after the necessary adaptation in the Institute’s systems.”



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