SNB

BUT AFTER ALL, WHAT BRANDS ARE?

According to the INPI - National Institute of Industrial Propridade mark is "any distinctive mark, perceived visually, that identifies and distinguishes products and services of other analogues of different origins, and certify their compliance with certain standards or technical specifications ".

Still have questions? Think like this: brand is every sign that can be used to take your viewer mentally to remember something else. For example, SNB is our brand and it makes every time this logo image send the visitor or customer to our company or site.

Introducing the brand

1. Nominative:
Consisting of one or more words in the broad sense of the Roman alphabet, comprising also the neologisms and combinations of letters and / or Roman numerals and / or Arabic.

2. Figuratively:
Consisting of drawing, image, figure or any form of stylized letters and numbers alone, and the ideograms of languages ​​such as Japanese, Chinese, Hebrew etc. In the latter case, the legal protection rests with the characters themselves and not about the word or term that he represents, except in the case of the applicant indicate on the application, the word or term that represents the ideogram provided a comprehensible plot significant consumer public, in which case be construed as brand mixed.

3. Mixed:
Formed by the combination of word elements and figurative elements or word elements, whose spelling is presented in stylized form.

4. Three-dimensional:
It consists of the plastic form (extends in plastic form, the physical configuration or conformation) of product or packaging, whose form has distinctive character in itself and is dissociated from any technical effect.

Validity
The period of validity of trademark registration is ten years, counted from the date of grant. This period is extendable for equal and successive periods. Otherwise, the registration will expire and the brand is, in principle, available.

For the registration of a trademark, you must submit your request to the INPI, which will examine the basis of the legal standards established by the Industrial Property Law, as well as in administrative acts and resolutions.

Conditions of validity

• the mark must be a sign visually perceptible;
• visually perceptible signs must be of distinctiveness, to pay the note and distinguish goods or services from others of different origins;
• the brand you want can not relate to any legal prohibitions, whether as a result of its own constitution or condition of its availability.

My brand can be registered?
Brands are subject to a specific branch of law, industrial property, regulated by laws.
In Brazil, the law governing industrial property - therefore, the rights and obligations relating to trademarks - is the Industrial Property Law (No. 9279/1996).

What is not registered as a trademark?
Signs irregistráveis ​​are included in art. 124 of the IPL. The Brazilian law does not protect the mark signals sound, taste and smell.
Article 124 - are not registrable as marks:
I - arms, weapons, medals, flags, emblem, badge and official monument, public, national, foreign or international, as well as the respective designations, figures or imitations;
II - letter, number and date, alone, except when sufficiently distinctive;
III - an expression, figure, design or any other sign contrary to morals and good customs or which offends the honor or image of people or is against freedom of conscience, belief, religious cult or ideas and feelings worthy of respect and veneration;
IV - the name or initials of public entities or agencies, where registration is not requested by the entity or public body;
V - reproductions or imitations of a characteristic or differentiating element title of establishment or company name of third parties, likely to cause confusion or association with such distinctive signs;
VI - signs of a generic, necessary, common, ordinary or simply descriptive, when related to the product or service to be distinguished, or those commonly used to designate a characteristic of the product or service regarding its nature, nationality, weight, value, quality and time of production or service provision, except when sufficiently distinctive;
VII - signs or expressions used only as a means of propaganda;
VIII - colors and their designations, unless arranged or combined in a peculiar and distinctive;
IX - geographical indication, its imitations likely to cause confusion or signs that may falsely induce a geographical indication;

X - signs that suggest a false indication of the source, origin, nature, quality or utility of the product or service to which the mark is intended;

Soraia Burger - paralegal

XI - reproductions or imitations of official seals, normally used to guarantee a standard of any kind or nature;
XII - reproductions or imitations of signs that have been registered as a collective mark or certification by a third party, subject to the provisions of art. 154 ;
XIII - names, prizes or symbols of sporting, artistic, cultural, social, political, economic or technical official or officially recognized, as well as imitations likely to cause confusion, except when authorized by competent authority or entity promoting the event;
XIV - reproductions or imitations of titles, bonds, coins and bank notes of Federal, State, Federal District, the Territories, the Municipalities, or country;
XV - personal names or their signature, family name or surname and images of third parties, except with the consent of the owner, his heirs or successors;
XVI - notoriously known pseudonym or nickname, stage name singular or collective, except with the consent of the owner, his heirs or successors;
XVII - literary, artistic or scientific, as well as titles that are protected by copyright and are likely to cause confusion or association, except with the consent of the author or owner;
XVIII - technical terms used in industry, science and art, which is related to the product or service to be distinguished;
XIX - reproductions or imitations in whole or in part, even with additions, mark registered by another party, to distinguish or certify a product or service that is identical, similar or related, likely to cause confusion or association with third party mark;
XX - duplications of marks of a single proprietor for the same product or service, unless in the case of marks of the same nature, they are sufficiently distinctive;
XXI - necessary, common or usual product or packaging, or even one that can not be disassociated from a technical effect;
XXII - objects that are protected by industrial design of the third, and
XXIII - signs that imitate or reproduce in whole or in part, mark which the applicant could not be ignorant because of their activity, which the proprietor is established or domiciled in national territory or country with which Brazil maintains an agreement or guarantees reciprocal treatment, if the mark is intended to distinguish a product or service that is identical, similar or related, likely to cause confusion or association with such third party mark.

It is not sufficient that the mark is registrable. It has to be available. In Brazil, working with the system called conferring the right, ie: who wins record calls first or, as we say, who deposited the application for registration in the first place, unless the exception provided in the LPI.

Thus, if the sign chosen to identify the product or service is already registered in the National Intellectual Property Institute - INPI and protected to the same class linked to your product or service, at least in principle, it is not available. Therefore, a previous search in the database of the PTO ( www.inpi.gov.br ), it is essential to the success of the application.

How to register a trademark?

1. Verify that the mark meets the requirements for registration set out in the Industrial Property Law (Law 9.279/96).

The initial step to request the filing of the registration of trade mark application is to verify that it meets the requirements for registration set out in the Industrial Property Law (Law 9.279/96).

Performing a search will be more assurance that the brand is really unique.

2. Forward and Office documents.

Forward letter through the Director of the unit requesting the filing of the application for trademark registration, including:

• Mark to be registered;
• Importance of the trademark registration;
• Summary of activities for which the mark is used;
• Can be attached texts, folders, etc.., Presenting the brand used.

Three. Send layout of brand BRANDS SNB.

Sending the layout of the mark to be registered can be done by e-mail: snbmarcas@snbmarcas.com.br or CD-rom. The layout should be submitted in black and white, in size 8x8cm.
Four. Contacting responsible for registering

Having the complete documentation of items 2 and 3, the SNB will contact the person responsible for applying for registration to get on the classification of the mark to be registered.
5. Filing of applications at the INPI

After providing the necessary documents, the SNB protocolará the application with the PTO and keep making the application informed throughout the progress.

Laws

• Law No. 9279 of May 14, 1996 - Regulates rights and obligations regarding industrial property. In force since May 15, 1997, replacing the Law 5772/71. Updated according to the Law 10.196/01
• Industrial Property Law No. 9.279/96 (English version)

Normative Acts

• Normative Act No. 160/2001 - Establishes the User's Board of Trademarks, which provides for the correct filling of forms imposed by Normative Act No. 159/2001.

International Agreements

• TRIPS (in Portuguese, as published in Gazette 31.12.1994, Section I, Supplement N.248-A)
• TRIPS (English)
• Paris Convention
• Madrid Agreement
• Madrid Protocol
• Industrial property legislation in the countries of WIPO