Opposition against a trademark in Brazil

Comprehensive Legal Support in the Trademark Opposition Procedure in Brazil

Our law firm offers expert support in the opposition process against the registration of trademarks in Brazil. If you believe that your trademark rights are endangered by the registration of a new trademark, you have the option to file an opposition to effectively protect your interests.

Deadlines for Filing an Opposition

In Brazil, the opposition must be submitted within 60 days of the publication of the contested trademark to the Instituto Nacional da Propriedade Industrial (INPI). It is crucial to adhere to this deadline to ensure that your opposition is accepted.

Grounds for Opposition

The most common grounds for filing an opposition include:

• Likelihood of Confusion: If the new mark is similar to your existing mark and this could lead to confusion among consumers.
• Prior Use: If you have used your mark before the registration of the new mark, you can assert your prior use.
• Insufficient Distinctiveness: A mark that is not sufficiently distinctive or is generic may be deemed unprotectable.

Process of the Opposition Procedure

The opposition procedure in Brazil can take several months, depending on the complexity of the case and the processing time of the INPI. Throughout the process, we will keep you regularly informed about all relevant developments.

Our Services for Enforcing your Trademark Rights

• Assessment of Success Chances: We conduct a detailed analysis of the likelihood of success for your opposition and provide strategic recommendations to strengthen your position.
• Preparation of Necessary Documentation: We handle the preparation of all required documents for your opposition and present your arguments clearly and convincingly.
• Individual Legal Advice: We assist you in developing a tailored strategy for enforcing your trademark rights and advise you on the best practices.
• Representation in the Procedure: We manage communication with the INPI and keep you updated on the progress of your application.

Free Initial Consultation to Assess your Situation

We offer you a free, non-binding initial consultation in which we thoroughly assess your situation and provide recommendations for the next steps. Your inquiry will, of course, be treated confidentially.

If you need further information or support in other countries, please do not hesitate to contact us. We are always available to assist you and look forward to helping you.