Recently, the Brazilian Patent and Trademark Office (BPTO) has published guidelines changing the procedures to request the "highly-renowned" status of a trademark in Brazil.
The main requirement to apply for the declaration is that the trademark must be registered in Brazil. The main advantages of the “highly-renowned” trademark status are:
- The mark is protected in all fields of activity;
- The BTO is required to reject ex officio future trademarks based on the mark declared as “highly-renowned”;
- The declaration is valid for 10 (ten) years and it can be renewed, as per conditions established on the Brazilian PTO's guidelines;
- A substantial increase of the value of the mark;
- Increase of indemnification for damages and criminal penalties due to an undue use; and
- Protection against registration of the domain names comprised of the mark declared as “highly-renowned”.
The guidelines establish that the requirement of a declaration of a “highly-renowned” trademark status may be requested anytime on a specific procedure. The owner of the trademark who is interested in applying for such a protection must submit sufficient evidence in Portuguese.
The guidelines will become effective soon in Brazil.