As of November 2021, INPI Brazil recognises the right of precedence for unregistered trade mark users in the registration.
The unregistered trade mark user can resort to the provision set by Article 129, Paragraph 1st of the Industrial Property Law, having in mind that: (i) the use (in Brazil) of the sign at dispute must date at least six months prior to the priority date of a formal application to distinguish or certify identical, similar, or related goods/services; (ii) the prior user itself has to file an application for the mark in Brazil; among other conditions.
Would you like to know more about how can you benefit in Brazil from this new scenario?
To read more, please refer to Clarke Modet's website.
- Publication date
- 8 December 2021