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The Brazilian PTO will allow joint ownership of trademarks as from September 15, 2020

The Brazilian PTO informed that, as from September 15, 2020, joint ownership of trademark applications or registrations will be possibleIt will also be possible to add co-owners to existing applications or registrations, through the recordal of assignments.

In order to make joint ownership feasible, different areas of the Brazilian PTO were involved to ensure compliance with the Industrial Property Law, and establish procedures, adaptations of systems, new wording of the Trademark Guidelines, among other measures.

Among the main issues involving joint ownership of trademarks, it is important to highlight that (a) all co-owners will have to be engaged in the business related to the goods or services claimed in the applications; (b) iorder to defend against non-use cancellation actionsthe use of the mark in connection with the claimed goods or services by a single co-owner will suffice; and (c) oppositions, cancellation actions and nullity requests may be submitted by any of the co-owners.

More information available in Portuguese at: