Position trademarks are now available for registration in Brazil

From 1 October 2021 position trademarks can be registered in Brazil. This follows the Brazil National Institute of Industrial Property’s (INPI) public consultation on registering this type of mark in June this year (see here for further information).

On 21 September 2021, the INPI published Ordinance 37 in its Official Gazette, which established the rules on registering position trademarks. Position marks are trademarks that are placed on or affixed to goods in a specific way. They are often used in the fashion sector, for example, to protect elements of decoration of shoes, eyeglasses frames and clothes.

More specifically, the INPI´s ordinance states that position marks eligible for registration are formed by a:

distinctive set capable of identifying products or services and distinguishing them from others that are identical or similar, provided that: I – it is formed by the application of a sign in a singular and specific position on a given support; and II – the application of the sign in said position of the support can be dissociated from any technical or functional effect.

Until the specific request form for position marks is available on the electronic filing system (e-INPI), applicants will have to use the form for 3D trademarks and indicate that the request concerns the registration of a position mark.

Previous applications that qualify as a position mark will have a 90-day period to be altered accordingly. The examination of the merits of all position mark registration applications will begin after the necessary adaptations in the INPI´s electronic system is concluded.