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Brazil | Position marks are close to be an officially recognized category of registered trademarks 

Currently, applicants can pursue registration of marks in Brazil under four types, namely: word marks; composite marks containing both word(s) and design; design marks; and three-dimensional marks.

Registration of other types of marks, usually referred as nontraditional marks, such as position, motion, sound and scent marks are not possible, despite an increasing demand of businesses practices. In fact, companies rely on more than words and logos to identity their goods and services and at the same time, they urge to protect these identifying features / signs as trademarks.

But the Brazilian Trademark Office started a change in this scenario, as it recently launched a public consultation on position marks registration. The outcome will outline the standards to be used by examiners when carrying out substantive examinations of these marks. Interested parties may review the draft proposal and submit their comments until May 12^th, 2021. Once consultations are closed and duly considered by the Office, these rules will be included in the manual of trademark office practice.

A position mark is a mark applied to an object on a specific and static position and able to identify the business source of goods and services.  A position mark can be formed by words, letters, numbers, ideograms, symbols, drawings, images, figures, colors, patterns, shapes, or the combination of these, as indicated by the Brazilian Trademark Office.

ClarkeModet Brasil is closely watching developments on this topic. Our team of experts is available for further information and/or to help you contribute to the public consultation.

Natascha Ballestero