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What are the filing requirements for a South Korean trademark?

We need the following information in order to prepare a trademark application in South Korea.

  • Name and address of the applicant. In the case of a company, the particulars of the company (name and address) and the name and position of the director/representative signing the POA.
  • Trademark name or logo (in JPEG file format)
  • The list of goods and services, based on the International Nice Classification

Please describe trademark registration process in Brazil.

Trademark registration process in Brazil is as follows:

After application for trademark registration in Brazil has been filed, INPI will conduct a basic assessment to make sure the trademark application meets formal requirements.

The trademark application will be published in the INPI’s official bulletin only if the minimum requirements are met. The publication is 60 days during which oppositions may be filed. If no opposition is filed, INPI will do a detailed examination of the application and decide whether the trademark can be registered in Brazil. INPI will examine the trademark for distinctiveness and also conduct a trademark search for similar trademarks. Unlike in Europe, if a similar trademark is found it can be a ground for trademark refusal by INPI. For this reason, it is wise to perform a clearance trademark search for confusingly similar trademarks.

What is interesting is that INPI does not communicate with the applicant in case the trademark is refused. Instead, the change of the application’s current status, request for payment of additional fees or further documents are published by INPI in the weekly bulletin. Therefore, the weekly bulletin must be checked on a regular basis and this is one of the reasons for having a local attorney handling the process.

What cannot be registered as a trademark in Brazil?

Trademarks that are not distinctive are not registrable. Generic trademarks cannot be registered either. Clearly descriptive trademarks like BEST FOOD for fruits is not registrable. Geographic indications are not registrable as trademarks. Personal names or signatures, family names or patronymic and images of third parties are not registrable, except with the consent of the owner or his/her estate.