BRAZIL BEGINS TO ACCEPT FILINGS FOR DEPOSIT OF POSITION TRADEMARKS
The Brazilian Patent and Trademark Office (INPI) carried out a Public Consultation on the examination of applications for registration of position trademarks within April 13th, 2021 and June 12th, 2021 aiming at receiving inputs and ideas related to the examination and procedures for deposits of such kind.
As a result of the public consultation, in the Industrial Property Official Gazette 2646 of September 21st, 2021, the INPI published the Ordinance INPI/PR no. 37/2021, which authorizes henceforth, in accordance with the rules outlined therein, the acceptance of deposits of position trademarks as of October 1st, 2021.
According to first Article of such Ordinance: “…will be registrable as a position mark a distinctive set able to identify goods or services and distinguish them from others that are identical, similar or alike, as long as formed by the application of a sign in a singular and specific position of a given support; and the application of the sign in a said position of the support may be dissociated from the technical or functional effect”.
Nevertheless, the trademark applications filed before the publication of the Ordinance, which met the criteria of the new regulation, might be amended within the window period counted from October 01st, 2021, until December 30th, 2021.
