CAN LICENSE THE USE OF A BRAND?
The brand as property can be exploited by the holder or by another person to obtain authorization, this is seen through the brand license agreement. This agreement will authorize others to use and act in defense of the mark, without prejudice to the rights holder. These effects, in turn, will be produced only after the registration of the contract by the institute, namely the National Institute of Industrial Property.
WHAT IS THE AVERAGE MATURITY IN ORDER TO OBTAIN THE REGISTRATION?
The average time to obtain the registration of a trademark is around two (2) to three (03) years, depending on its progress with the INPI.
ONCE THE BRAND IS NOW DUE PLACED, CAN CONSIDER THAT NOW I HOLD OR YOUR REGISTRATION USE OF EXCLUSIVE?
The deposit is the act by which the PTO receives a request for registration, which aims to ensure the priority against other subsequent requests for the same brand. However, the right of exclusive use will only be ensured when the registration is granted.
YOU MUST REGISTER THE NAME OF MY COMPANY NOW OWN THE SAME REGISTERED BY THE BOARD OF TRADE OR REGISTRY?
Yes. The trade name, the one registered with the Board of Trade, receives a state protection. The brand, in turn, after being duly registered with the INPI, will receive a national protection. Hence the importance of registering as a brand, the distinctive sign of a business name in order to enjoy the holder of the right of exclusive use, within its field of activity, throughout the national territory.
WHEN DOES A RIGHT OF LOSS ON A BRAND?
Trademark registration is extinguished by the expiration of the term, the resignation (voluntary abandonment of the owner or legal representative), by expiry (lack of use of the mark) or the failure to comply with Art. 217 of the IPL.
The registration of a mark will become extinct in the following cases:
the – on expiry of the period of legal protection, without there being any extension;
b – the resignation of the holder or his successors, which may be total or partial with respect to products or services indicated by the mark;
c – the expiry; or
d – on non-appointed attorney, with administrative and judicial powers, including to receive.
MAY BE REQUESTED THE TRANSFER OF OWNERSHIP A BRAND?
Registration and consequently the ownership of the mark may be subject to assignment and transfer, provided that the assignee of record buyer, fulfilling the legal requirements. The transfer must be requested before the INPI, in order that it be duly noted on the registration of the trademark. That body shall issue decision, allowing or rejecting the request for appeal in case of refusal. It should be emphasized that the sale of the brand not take effect until your note by INPI
YOU MUST PERFORM A PRELIMINARY SEARCH?
A search of previous registrations at the National Institute of Industrial Property (INPI) is a college, but can also be considered a measure of caution, because through it can be checked if there is already an identical or similar sign, previously deposited by avoiding unnecessary expenses with the application. Thus, prefetching will tell whether there is the brand become registered.
INDIVIDUALS MAY REQUIRE REGISTRATION?
Individuals may apply for trademark registration, provided that they prove the activity exerted by specific document issued by the competent body.
REGISTER FOR WHAT?
The system of registration of existing brand in Brazil is attributive of property rights, ie, its ownership and the consequent right to the exclusive use shall only be recognized through the granting of registration with the INPI.
The brand is thus a heritage of its owner, serving to identify products and services, leading to the preference of the consumer public. Operates in the market as an individualizing agent can often become synonymous with the product itself. The importance of branding today is undisputed, and only with your registration holder can protect themselves against unfair competition, copies and imitations.
WHAT IS THE DIFFERENCE BETWEEN PATENT AND TRADEMARK?
The mark is a visually noticeable, distinctive sign which identifies a product or service from others in the same genre, different provenance.
A patent is a property title, temporarily conferred by the State, the author of an industrial design, invention or improvement that can refer to a product or a manufacturing process.