According with the Art.128 of Brazilian Industrial Property Law who can request a registration of mark(s) are: natural person or juridical people of public law or private law.

The person of private law only can request register of mark related to the activity that practice accomplished and in a licit way through a direct manner or in enterprises that control direct or indirectly declaring in the own requesting this condition under penalty of law.

In the same time the documents necessaries to register a mark are: logo if it exists, copy of a Corporate or Enterprise Identity with the Contract or Identity Card in case of natural person, including the xerox of proof from municipal tribute paid and the power of attorney signed, these documents are obligations to the brazilians. But the documents necessaries to registration of mark(s) to the foreigners are: logo whether it there´s, the class or activity of mark, the affidavit (a written statement, made by applicant who swears that it is true, that can be used as evidence in court), the full enterprise name or personal name, the address of enterprise or person, the signature of power of attorney by applicant.   

The lawyer or/and licensed patent and trademark attorney  in case of foreign register of mark in Brazil should do the simple translation to the portuguese of all documents, signing in the end with responsability of statement. 

By César Alexandre Leão Barcellos

      Lawyer and Licensed Patent and Trademark Attorney

      Bar Association nº 40362 and API/BR 840

      Phone/Cellular: +55 51 32262074/+55 51 99522071

      Intellectual Property since 1990

      Copyright