BPTO launches public consultation on acquired distinctiveness in trademark registration

In summary

On October 29, 2024, through the Electronic Official Bulletin No. 2,808, the Brazilian Patent and Trademark Office (BPTO) published a public consultation on the evaluation of acquired distinctiveness in trademark registration examination. The BPTO aims to enhance uniformity and predictability in these evaluations while encouraging transparency and public participation.

Further details

The BPTO’s explanatory memorandum highlights the importance of feedback from interested parties in shaping the framework for acquired distinctiveness. The concept of acquired distinctiveness through trademark use is a crucial aspect of the trademark system, allowing for the registration of a mark lacking inherent distinctiveness if it has been used extensively and continuously, and is recognized by the public as identifying a specific source.

Interested parties have 90 days from the publication date to submit comments and suggestions, using a provided form and sending it to consultapublicamarcas@inpi.gov.br. Associations, commissions or institutions preparing joint submissions are encouraged to consolidate their feedback into a single form.

After reviewing all submissions, the BPTO will respond the input received and publish the final text of the normative guidelines.

This public consultation follows a series of innovation and updating measures by the BPTO.