As of October 1, it will be possible to file an application for the registration of a position mark - a mark used in a singular position, not for functional or technical effect - at the Brazilian Patent and Trademark Office (BPTO).
This is a major breakthrough, as certainly the place of brand positioning in a product or its form of presentation can be very characteristic of a manufacturer/company.
The novelty is a result of Ordinance No. 37/2021, published today (Sept. 21), by the BPTO. If any holder already has a trademark application filed, which fits as a position trademark, it will be possible to request a change in the form of presentation for the new registration.
Should you have any questions, our Intellectual Property team is available to assist you.
