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Trademarks in Brazil: is the lack of protection in class 35 a worry?

Analyzing the Brazilian Trademark database and the Brazilian Trademark Guidelines, the lack of protection in International Class 35 is a worry, read and understand why.

According to Brazilian Trademark Guidelines (3rd Edition – 2nd Review, item 5.16), the combination of letters, phonetic similarities, and ideological conflicts are considered for citing a prior trademark as relevant.

Article 7 of Resolution INPI/PR no. 88/2013 describes that during the substantive examination, the Trademark Examiner searches will be limited to the class(es) claimed in the application form, except cases of correspondence between classes belonging to different classification systems.

Analyzing the Brazilian Trademark database, it is possible to find trademarks granted to different owners with the same word-element and related field of activity, the difference between those marks is that the service marks in class 35 are described as “trade” of goods included in international classes 1 to 34. Please, see below the examples extracted from the Brazilian PTO Official Database:

Reg. No.ClassGoods/Services
82916455325Footwear.: Sandals, slippers and clogs
82129875535Trade of Footwear, Leather and Travel Goods

Reg. No.ClassGoods/Services
82948219925Clothing, apparel, shoes
90003968035Dressmaking [consultancy]; cloth treating; cloth cutting; custom assembling of materials for others; cloth (cutting-).

Reg. No.ClassGoods/Services
82291123010surgical,medical and hospital apparatus and instruments included in this class
91458184835Trade (by any means) ofmedical apparatus and instruments

Therefore, if your trademark already filed/registered in classes 1 to 34 is sold, imported, or exported in the Brazilian market, it would be interesting to file it also in class 35 to increase its protection in the country. Do you have any questions on this matter? Contact us by clicking here.

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