Buy a brazilian trademark registered! Did you know that was possible?
Buying and selling a trademark is known as trademark assignment.
Any company or individual that has a trademark registered in Brazil can “sell” it.
It is extremely interesting when a company is sold, when only one trademark is sold.
Every time a trademark is sold, the trademark assignment agreement is required.
It is always a separate document from the business contract for the purchase of a company.
Table of Contents
1- Trademark registration in Brazil
Before you buy a trademark, you need to check that it is registered in Brazil. But you can also buy a trademark that is in the process of being registered, did you know that? I have written an article on the subject and I invite you to read it: SELL YOUR TRADEMARK . It’s up to the lawyer to analyze the situation.
If the trademark you want to buy isn’t registered, you have to advise the owner of the right to register it before selling it. I have published an article on this subject, click here if you want to read it.
Attention, you need to check beforehand that the company has this industrial property.
Because, believe it or not, there are many companies in Brazil that still don’t have a trademark registered with the INPI.
They use the names they want for their businesses. However, when they go to sell the business, they won’t have a registered trademark.
What a loss!
2- Requirements that a registered trademark must meet
Whoever sells the trademark is the trademark holder, the owner of the trademark, registered with the INPI.
Don’t confuse this with appointing an attorney or lawyer to carry out the negotiations.
Trademark registration is an administrative process lasting approximately 18 months.
According to the principle of territoriality, the holder of a trademark is the person who registered it first.
3- Trademark sale and purchase agreement
The sale and purchase agreement is called a trademark assignment.
Trademark assignment is a contract governed by LPI, art.135.
It must be signed by the parties because the rights, duties and obligations of the trademark will be transferred from a selling owner to a purchasing owner.
From this contract onwards, the new owner assumes everything relating to the trademark he bought.
Everything, in other words, oppositions, manifestations of opposition, interlocutory appeals, etc., when necessary, in the proceedings of others or in your own proceedings, to protect your trademark.
4- Conclusion
A trademark can be sold. Whoever buys it will take over the registration process at the INPI and will have the right to use and oppose their legally constituted right to third parties.
Buying and selling a trademark always requires legal formalities. It is a legal negotiation, as a contract will be drawn up to achieve the desired result: the purchase and sale of a registered trademark.
If you would like me to help you find the ideal trademark for your business, send an email to contact@anainternationallawyer.com.br .