The Brazilian Patent and Trademark Office (BRPTO) published in its Official Gazette 2646 dated September 21, 2021, the Ordinance No. 37/2021 regarding the registration of position marks.

Position marks are those formed by the application of a sign in a singular, specific and invariable position of a certain support object, resulting in a set capable of identifying the business origin and distinguishing products or services from identical, similar or related products.

According to Ordinance No. 37/2021, as of October 1st, 2021, applicants can request their position marks through three-dimensional marks form, indicating it to be a position mark application. In spite of the Ordinance, it is still necessary to await adaptations to the BRPTO’s systems and the eventual updating of the Trademarks Manual.

For more information, please access the Ordinance at bit.ly/3i0dhre

 

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