INPI releases revised version of the Brands Manual.

on January 17, 2023, the National Institute of Industrial Property (INPI) published the sixth revision of the third edition of the Brands Manual, which included the approved changes by December 2022 , providing the inclusion of topics that present models of compliance with requirement, opposition to the request for brand registration and manifestation at the requirement of branded registration for expiration as attached to the manual.

In addition, the procedures related to the transfer by assignment, the improvement of procedures for proof of the economic group relationship, the implementation of new guidelines for the examination of expiration procedures, as well as the update of Information concerning the availability of brand registration certificates.

By means of the INPI/CPAPD Technical Note No. 03/2022, there was an important change in the procedures that have as its object the expiration of a brand, which corrected previous understanding of the INPI that provided for the acceptance of notes inspectors or invoices that include the brand in the business name or title of establishment of the registration holder as proof of use. The new guideline states that, for proof of use, only invoices or invoices containing the brand in their headers are considered valid, dissociating, unquestionably, the Business Signal distinctive signs.

In addition, the revision of the brand manual has also brought significant simplification in proving the relationship between companies that make up the same economic group and sharing identical or similar marks deposited or registered in INPI. Previously, only the contract or bylaws proving the corporate bond between the companies was accepted by the municipality. Now, it is possible to use a statement signed by the companies involved, provided that the model provided by the INPI attached to the manual is used.

Finally, due to the provisions of the General Law on Access to Information, INPI inserted in the manual the provision present in the statement published in RPI No. 2463, of 03/20/2018, referring to the availability of certificates of brands record. Until then, only the subject who was paying the final or extension fees was able to obtain the digital registration certificate. However, currently, all the migration of these documents has been completed and any individual can purchase them, simply by accessing the base of INPI brands with their login and password.

Click here and access the brand manual.