Legislative framework and causes of action
Brazil is a signatory to the Paris Convention for the Protection of Industrial Property. The Brazilian Federal Constitution protects copyright, patent and trademark rights. All aspects of trademarks in Brazil are governed by the Industrial Property Act (Federal Law 9279/1996).
The Industrial Property Act enforces the priority rule, whereby trademark registration is granted to the first applicant who files the inherent application before the Brazilian Patent and Trademark Office (INPI). However, if at the priority date any person or entity has been using an identical or similar trademark in Brazil in good faith for at least six months to distinguish or certify an identical or similar product or service, it will be entitled to registration priority. Only visually perceptible trademarks may be registered, which presents difficulties for non-traditional trademarks. Slogan registration is prohibited, but may be protected under copyright or comp