Is trademark use required for trademark registration in Brazil?

While use is not required for trademark registration, a trademark in Brazil may be cancelled by a third party on the basis of non-use it there has been no use for more than 5 years and if there have been no legitimate reasons excusing non-use. Cancellation can be filed only after 5 years counting from the granting and a request is submitted by an interested party only, not ex oficio by the BPTO, and with the payment of a corresponding fee.  The owner of a registered trademark has an onus of proving that the trademark has been in use for the past five years.

The applicant should be capable to prove activity in the classes of the applications; however, the local representative will sign a declaration of such activity at the time of filing. It is not necessary to send a declaration at this time of filing. The Brazilian PTO, however, may ask proof of activity at any time after the application.

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