Last Tuesday, September 21, 2021, the Brazilian Patent Trademark Office published in the Industrial Property Magazine (RPI) 2646, the Ordinance No. 37/2021, which informs that, from October 1st, the position marks applications will be received.
A position mark is considered by the application of a sign in a singular and specific position of a given support, resulting in a distinctive set capable of identifying products or services and distinguishing them from identical or similar ones, provided that the application of the signal in said support position can be dissociated from technical or functional effect.
Until the application form for position mark applications is available, the interested parties must use the form regarding the three-dimensional marks, indicating that it is a request for registration of a position mark.
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