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Brazilian Patent and Trademark Office (INPI) Publishes Official Fee Increases Effective March 09, 2014.
It was published on February 7, 2014 the Ordinance No. 27 altering the list of items of the Schedule of Charges for Services provided by the National Institute of Industrial Property – INPI. This Ordinance shall take effect thirty (30) days from the date of its publication in the case, on March 09, 2014.
The INPI´s official fees for services relating to patents and trademarks carried out electronically were not changed. The values ??for the services rendered on paper experienced a slight increase of approximately 14%.
With regard to trademarks, is important to emphasize that the Resolution No. 107/2013, which changed the way in which highly renowed trademarks applications will also come into effect on March 11, 2014.
So far the recognition of high renowned status of a trademark has only been possible in the realm of oppositions or administrative proceedings against applications or registrations for allegedly conflicting marks. The owners of eligible marks therefore had to await the publication of any such applications or registrations. Under the Resolution 107/13 now entirely changes this practice, introducing an autonomous declaration of high reputation irrespective of the existence of concrete cases of conflicts.
The resolution claims it is protecting trademark owners by providing protection to highly reputed marks against third parties’ attempts to obtain registration for marks that imitate or reproduce, even if the goods or services are not related. It adds that a trademark is considered highly reputed when its performance in distinguishing the goods or services designated by it and symbolic efficacy leads it to extrapolate its original niche, exceeding the so-called principle of specialty. The resolution will also double the time period in which the status of a reputable mark is applicable, from the current 5 years to 10 years.
Trademark owners who had previously filed requests prior to the enforcement of the new resolution and are waiting for analysis, will be required to submit a document confirming their interest remains.
To see the new Schedule of Official Fees Click here
To see the Resolution 107/13 Click here
To see FAQs about well-known trademarks Click here