TRADEMARK REGISTRATION IN BRAZIL, THE UNITED STATES AND PORTUGAL

Abstract

This article aims to understand, analyze and compare the procedures adopted in Brazil, the United States and Portugal to register a trademark. For this purpose, bibliographic research was carried out in the Web of Science and documentary research into the three official institutions of trademark registration, namely: INPI(Brazil), USPTO(United States) and INPI(Portugal). In order to understand the adopted procedures, a simulation of the trademark application was made in the e-Marcas (Brazil), TEAS (USA) and InpiOnline (Portugal) systems.
 In terms of navigability, the INPI (Portugal) InpiOnline System is the easiest to navigate and is the only one that offers the "Trademark on the Spot" service on its Portal, which allows for the immediate acquisition of a trademark without the need to go through the trademark application process. On the partnership issue, the USPTO (United States) has a support network with the Patent and Trademark Resource Centers (PTRC), which are part of the national network of public, state, and academic libraries designated to support the public with trademark and patent assistance. Among the main points in common, the following were identified: the availability of online systems for applying for trademark registration; the ease of conducting prior search in proprietary systems, and the use of the Nice classification to classify goods and services. Among the main differences are the estimated period to obtain the granting of the trademark registration; the types of trademarks allowed in each legislation; and the values of the fees to apply for a trademark registration.