2 de April de 2017 Kawano

Trademarks

Briefly, the trademark is a distinctive sign identifying a company or a product.
Before filing a trademark, you need to know a few things:

    1. A trademark can only be registered in the name of a legal entity,
    2. Before filing the it is necessary to make a search to verify if the desired trademark no longer exists or if there will be no infringement.
    3. It is also necessary to choose a modality:
      • Nominative: Only the name
      • Figurative: Logo only
      • Mixed: Name + Logo
    4. And the Class:

According to the kind of business, the trademark must be classified into certain classes that can be basically divided into product (class 1 to 34) and service (class 35 to 45).

  1. Required Documents:
    • Corporate registry
    • Latest social contract
    • Signed power of attorney
    • Logo in JPG (If figurative or mixed)

Patents

Briefly, a granted patent allows comercial exclusivity of a Product, Method or System.
Before filing a patent application, you need to know a few things:

    1. It is necessary to describe exactly how the practical implementation of the invention is made. It is not possible to have a patent of an idea by itself, without having its detailed implement.
    2. Before filing it is necessary to make a prior art search to verify if the invention no longer exists or if there is no infringement related. This will save time and money.
    3. It is also necessary to choose a modality:
      • PI (Privilege of Invention): System, Method, Set. More comprehensive and greater complexity.
      • UM (Utility Model): Related to an object. Simple inventive concept. Easier to be granted.
    4. Validity:

PI: 20 years. Annual renewals.
MU: 15 years. Annual renewals.

  1. Required Documents:
  • Figures (PDF, IGES or compatible)
  • Check list
  • Signed power of attorney
  • Inventor´s information

Design Patent

Briefly, the Design Patent protects the design of an object. It is also recommended for protection of graphics, screens and app icons.
Before filing a Design Patent Applycation, you need to know a few things:

  1. It is recommended to make a prior art search to check if the design is no longer used by third parties.
  2. In Brazil, it is possible to file up to 20 variations in the same application.
  3. Validity up to 25 years. Renewal each five years.
  4. Required Documents (BR):
  • Figures (PDF, JPG, IGES or compatible), 7 views 2D.
  • Signed power of attorney
  • Inventors / Designers Information

Unfair competition

Briefly, unfair competition is the illicit commercial activity done by third parties in a manner that harms or takes advantage of the good reputation and of the chain of customers and suppliers of a company through misappropriation of an equal or similar name, product or service, without Prior authorization.
There are several resources to curb such practices, since administrative and extrajudicial procedures, until legal


Domain Names

The registration of one or more Internet domain name should be a constant concern of the holder of intellectual property rights, since as internet is a powerful tool for the dissemination of business. We offer search, registration, maintenance and renewal of domain names in Brazil and abroad.


Technical Expertise

Analysis and elaboration of technical documents and legal opinions related to intellectual property, specially patent and trademark infringement.


Copyright

Complete advisory on registers, as well as search, guidance and legal action before infractions, copies, plagiarism, etc.


Software

Software is briefly the amount of commands to be loaded on a particular hardware in order to program the machine to perform one or more specific operations.
In terms of intellectual property, in Brazil it is ruled by a specific law (9.609 / 98) and has particular definition.
However, it is important to emphasize that the software protection is given at BRPTO exclusively by the registration of the source code, so that the same algorithm can be implemented by different source codes, in this case it is necessary to evaluate the best way of protection, specially by applying through other IP modalities.

After this understanding, we can offer:

  • Registration of source code at BRPTO
  • Development and analisys of software contracts
  • Evaluation of the extension of the protection by patent application, when dealing with a system, method or associated hardware
  • Advice on legal issues involving the subject
  • Combating infringements committed by third parties

Contracts

The drafting or revision of a commercial contract, especially with regard to intellectual property clauses, should be well advised in order to ensure rights for the interested party.
Conditions related to service exclusivity, contractual term, correct description of contract scope, forum and endorsement must be meticulously detailed to avoid future disruptions.
We carry out these and other analyzes to guarantee your rights and duties formally.


Franchising

Briefly, Franchising allows a legal entity to transfer some assets to third parties in exchange for royalty payments.
As well as allowing interested parties to license brands and products of a particular company in exchange for payment of a percentage on sales or any certain amount previously established by contract.
Before signing or drafting a Franchise Agreement, you need to know a few things:

  1. If there is already a registered trademark in the INPI
  2. If the contractual terms are within the current legislation and are interesting for both parties
  3. Validity and contractual validity, renewal, new remunerations.