The system for trademark protection in Brazil includes:

• Registration

Brazil belongs to the following international treaties:

• Paris Convention
• Madrid Agreement
• Madrid Protocol
• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
• Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
• Nairobi Treaty on the Protection of the Olympic Symbol
• Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods

The benefits of registering a trademark in Brazil include:

• It is the only form of protection available for trademarks
• It entitles the proprietor to bring an infringement action 

Service marks

Yes

Defensive marks

No

Collective marks

Yes

Certification marks

Yes

Well-known marks

Yes

Series marks

No

Marks in a different language or characters other than Roman characters

Yes

Non-traditional marks: Sound marks

No

Non-traditional marks: Smell marks

No

Non-traditional marks: Position marks

No

Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)

No

Non-traditional marks: Shape or three-dimensional marks

Yes, three-dimensional Trademarks can be registered in Brazil. The following requirements must be met: the application must be applied for only one object, the applicant must be the product itself or a package, the applicant must provide images of all views of the product, the object must have a specific and unique format to identify a product or a service,  the object cannot have a technical utility

Documents and information required to file a trademark application in Brazil include:

• Name and address of the applicant
• Representation of the trademark
• Goods and services and the class(es) for which the trademark is to be registered
• Power of Attorney
• Other: BPTO's slip payment

Yes, multi-class applications are permitted in Brazil. Brazil has already adhered to the multi-0class system and there is no limit to the number of classes; however, the system is not yet available. 

Yes, there is substantive examination of trademarks in Brazil, both on substantive and relative grounds.

Absolute grounds for refusal of a trademark in Brazil include:

• Mark has direct reference to the character or quality of the goods or services
• Mark is not distinctive
• Other: All other items may be applied depending on the cotext and how the Trademark is filed. The analysis must be made on a case-by-case basis.

Relative grounds for refusal of a trademark in Brazil include:

• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark
• Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark
• Well-known mark: There is an earlier registered mark that is well-known for different goods or services and the use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark.
• Other: It is important to bear in mind that the analysis must be made on a case-by-case basis when referring to all the above items. 

The time period from application to registration in Brazil is between 6-12 months. 

Yes, late renewal of a trademark registration is permissible in Brazil. Late payment of additional BPTO's fee, can be made within six months as of the original term. 

Yes, evidence of use does not need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Brazil. This applies only if the registration suffers a forfeiture requirement at the BPTO filed by a third party. The forfeiture requirement can be made in the following cases: (i) if the Trademark is not used after the fifth year as of its granting and (ii) if the trademark use has been interrupted for more than five years.

No, trademark licensees are not required to record themselves with the Registrar in Brazil. 

Available enforcement methods in Brazil include:

• Civil enforcement
  • Infringement action
  • Passing off
• Criminal enforcement
• Administrative enforcement
• Misdemeanor enforcement
• Border or other administrative enforcement measures

None identified.