• What is a trade mark?
  
  A trade mark is any sign which can:
  - distinguish the goods and services of one trader from those of another, and
  - be represented graphically.

A sign includes words, devices (logos), three-dimensional shapes and sometimes sounds and smells. A trade mark is therefore a "badge" of trade origin. It is used as a marketing tool so that customers can recognise the product of a particular trader.

We can also notify you of any actions taken on a trade mark if you send an e-mail.
Trademark protection in Brazil is guaranteed by the Constitution, article 5, §§ 29, as well as by the Industrial Property Law 9279/96. The law was signed by President Fernando Henrique Cardoso, on May 14, 1996 and went into effect a year later.

Trademark law is also supported by several international treaties such as the Convention Union of Paris and TRIPS, both valid in Brazil.

In the Brazilian Constitution, article 122 determines that "any visually perceptive distinctive sign, when not prohibited under law, is susceptible of registration as a trademark."

According to article 123, the following definitions apply:
I. product or service mark: that is used to distinguish a product or service from one having a different origin, that is identical, similar or akin;
II. certification mark: that is used to attest that a product or service conforms with determined technical norms or specifications, notably with reference to its quality, its nature, the material used and the methodology employed; and
III. collective mark: that is used to identify products or services originated by members of a given entity.
In Brazil, one must register a trademark at INPI - National Institute of Industrial Property. The registration of a trademark will have a term of 10 years counted from the date of its grant, it being renewable for equal and successive periods. The owner is guaranteed exclusive use thereof throughout the national territory. The registrant of, or applicant for, a trademark is also guaranteed the right to assign his registration or application for registration, license its use and care for its material integrity or reputation.