Understanding Well-Known Trademarks in Brazil
Do you know what well-known marks are? A well-known trademark is one that has achieved significant prestige, fame, and notoriety throughout the entire national territory.
A patent is an intellectual property right to protect inventions, granted by a country’s government as a territorial right for a limited period. Patent rights make it illegal for anyone except the owner or someone with the owner’s permission to make, use, import or sell the invention in the country where the patent was granted. A Brazilian patent has a life of 20 years and provides protection throughout Brazil so long as renewal fees are paid every year.
For a patent to be granted the invention must be:
Is your idea a secret?
By far the most common mistake made by people new to the world of patents is to reveal their invention too early. If you disclose your invention in any way – by word of mouth, demonstration, advertisement, article in a journal or any other way – before you apply for a patent, you are making your invention public. This could mean that you lose the possibility of being granted a patent. For a patent to be granted the invention must be novel, once a public disclosure is made the invention can no longer be novel.
The owner can be the inventor, the inventor’s employer or someone else who has got the patent rights. If you made your invention, even if it was in your own time, while employed, you need to check your employment contract as your employer may have some rights to your invention.
Why protect your patent?
By patenting your invention you guarantee exclusive use and as well as generating revenue, either by selling it to third parties or licensing the technology so it can be exploited by other companies.
Registering your trademark ensures exclusive use within your sector, preventing unauthorised third parties from using it without permission. Additionally, trademark registration strengthens your business identity, adds value to your company, and allows you to take legal action against unauthorised use or infringement by bad-faith third parties.
Filing a patent protects your invention from unauthorised exploitation by third parties, granting you exclusive rights to use and commercialise it for 20 years before it enters the public domain. This provides competitive advantages, attracts investments, and adds value to your business.
Yes. Compliance with the Brazilian General Data Protection Law (Law No. 13,709/2018 – LGPD) applies to businesses of all sizes, including micro-enterprises, small businesses (EPPs), startups, and non-profit legal entities. In addition to avoiding sanctions and enforcement measures from the National Data Protection Authority (ANPD), ensuring compliance with the LGPD allows your company to process personal data securely and transparently for data subjects. It also strengthens customer and partner trust in your business.
Do you know what well-known marks are? A well-known trademark is one that has achieved significant prestige, fame, and notoriety throughout the entire national territory.
The Brazilian Patent and Trademark Office (PTO) obtained an injunction that obliges the company Dona Registro (“Company”) to immediately cease the provision and dissemination of
Background On June 26, 2024, Meta updated its Privacy Policy to allow the company to process personal data posted on its platforms, such as Facebook,
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