Trademarks
Legal Support for Creative Rights in Brazil
Trademarks Brazil and increasingly integrated markets and cultures.
Trademarks are recognizable signs, designs, and/or expressions which identify products or services provided by a particular source (plant, shop service provider) from those of competitors. These signs, designs, and/or expressions are visual, that is, can be recognized only by the human eye. In some countries, auditive, olfative, taste and tactil signs can also be officially accepted as marks. Trademarks are key factors in a globalized world. In Brazil, trademarks are also considered key to the development of a business. In the legal systems, knowledge of domestic and international aspects of a trademark is crucial to build a well managed portfolio of trademarks.
Accurate legal advices play a relevant role to avoid potential litigation and keep the commercial value of each trademark.
Hugo Silva & Maldonado qualified professionals can work with trademarks in all stages: from early selection of a trademark to be applied for up to obtaining the trademark registration grant, as well as maintenance and enforcement.
The Firm prepares and handles:
- Trademark searches and clearance reports
- Counselling on the convenience of filing / surveilling / attacking domestic and international trademark applications
- Filing international and domestic trademark applications
- Prosecuting international and domestic trademark applications
- Filing opposition and cancellation proceedings against third parties’ trademarks
- Advising on the success likelihood of administrative complaints
- Establishing surveillance on third parties’ marks
- Establishing surveillance on the marketing of third parties’ products
- Performing trademark watching services
- Paying renewal fees for trademark registrations
- Elaborating trademark validity and infringement opinions
- Conducting Trademark litigation in the Federal, State and Supreme courts
- Counseling, Consulting and Licensing trademark registrations and applications
- Recommending on the strategy of bringing claims against competitors
- Making analyses and recommendations on repercussion of planned acts before federal and state levels
- Advising on the success likelihood of judicial complaints
- Trade dress: reviewing the product features and configuration, including comparing, analyzing and recommending on design elements, like shapes, sizes, colors etc.
- Checking most convenient ways to assign protection to trade dress
- Counseling on antitrust laws
- Counseling on non-competition laws
- Helping establish trademarks as a crucial tool for the success of companies, products and/or services, reaching a competitive advantage in the marketplace
We are ready to guide you on trademark issues in Brazil.
Hugo Silva & Maldonado is ready to assist with tailored solutions.