The creation and protection of a trademark are the first steps to be adopted when opening a company and when launching new products or services to the consumer market.
Our team has wide experience and knowledge in advising all the aspects involving trademarks in Brazil and abroad. We devise defense strategies for trademarks and assessment of risks, presenting useful, effective and innovative solutions to make it feasible for the safe use by the Client.
Our services concerning trademarks in Brazil and abroad comprise:
Availability search and assessment of the possibility of registration:
One of Ricci IP hallmarks is the availability search on use and registration of the mark. This is an in-depth and detailed analysis of the distinctiveness of the trademark, accompanied by a full search on the Brazilian PTO database and other related and relevant databases, aiming to provide our clients with safe guidance, strategy indication and risk assessment, regarding the possibility of use of the mark in the market and registration in Brazil or in any country.
Filing and prosecution before the Brazilian PTO
We prepare and file trademark applications in any form of presentation (denominative, mixed or figurative) in Brazil and abroad, following the entire progress of the registration application before and after the registration.
Recognition of the high-renown of the trademark
We are pleased to handle and manage a lot of well-known and renowned trademarks, some of which are centenarians and belong to the select group of the one billion dollars trademarks.
For many of these trademarks, we are responsible for the request for recognition of the high-renown before the Brazilian PTO, aiming to ensure special and large protection in all branches of activity for these trademarks.
We are recognized as one of the bests IP firms in Brazil regarding the protection and defense of high-renown trademarks and our professionals have participated and actively participate in the development of a regulatory environment conducive to adequate protection of these famous trademarks.
We assist our clients to protect the high-renown trademarks, developing with our clients strategies of continuous protection of high-renown trademarks, in order to maximize their protection, maintain their high degree of distinctiveness and avoid dilution, as well as preventing parasitic exploitation by third parties, taking administrative, extrajudicial and judicial measures.
Renewal and maintenance of registrations
Our firm not only provides renewal and maintenance services charging very competitive fees, but also assists our clients in reviewing and optimization of the trademark portfolio, defining in advance and in line with the business and marketing team the registrations that must be effectively renewed. This allows a minimization and early provision of costs, as well as facilitates the sending of instructions according to the interest and term for execution.
Management and administration of the trademark portfolio in Brazil and abroad
We have recognized experience in the management of trademark portfolios in Brazil and abroad, through a qualified network of agents, assisting our clients in the adequate protection of their trademarks in a global way and according with the business plans.
We manage thousands of trademarks in Brazil and in several countries around the world, centrally and coordinately coordinating our clients’ trademarks, including benefiting from international treaties and conventions that allow the regional registration of the trademark, such as the European Trademarks.
Monitoring of trademarks by third parties and competitors
We provide our clients with a special and complete service of watching and monitoring trademarks, according to the type of information of interest to the client. This monitoring service may include periodic searches in the Brazilian PTO database, the Boards of Commerce, registration of domain names, regulatory agencies, Internet search tools etc.
The information retrieved is sent to clients in reports parameterized according to the needs of our clients and provides important subsidies for the development of our clients’ activities.
Protection and extrajudicial and judicial defense of trademarks
We have large experience in the implementation of extrajudicial and judicial measures in the defense of the interests of our clients, including through extrajudicial cease and desist letters and its replies, anti-piracy actions, trademark registration before customs and border authorities.
Our litigation team has recognized expertise in litigation in defense of the intellectual property rights of our clients and of repression of unfair competition, both before the specialized Federal Court and before the State Court.
Assignment and licensing of trademarks
We provide complete advice and consulting in the negotiation and drafting of contracts and agreements regarding trademarks, including trademark assignment and transfer agreements, as well as trademark licenses.
Due diligence of trademark assets
We advise our clients on a periodic audit of their portfolio of trademarks, aiming to identify the relevant trademarks and of lesser relevance to the client, for optimizing the portfolio and, consequently, the costs. We also make a comparison between the trademarks current in use and those that are applied or registered, in order to verify that all the trademarks are adequately protected, avoiding eventual contingencies.
A trade name can be understood as the name adopted by an entrepreneur, individual or legal entity, to identify them in the exercise of its activities. It can also be used as a tool for building a bond between the entrepreneur/company and its customers.
We provide advice and services on the feasibility of adopting the trade name, conducting research before the Boards of Commerce, as well as Brazilian PTO database within the company’s field of activity.
We assist our clients in extending the protection of the trade name to other States, through a specific request in the Boards of Commerce of each State.
Through our monitoring system, we periodically compare the trade names of companies incorporated in all Boards of Commerce with the trade names and trademarks of our clients, in order to verify possible violations and allowing the taking of extrajudicial or judicial measures to avoid the use by third party of trade name that reproduces or imitates characteristic expression of the trade name or trademark of our clients.
A geographic indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin.
The geographic indication are being used, for many years, in the countries with great tradition in the production, mainly, of wines, cheeses and sausages such as France, Italy and Portugal.
The Industrial Property Law devoted a specific section to geographic indications. When dealing with geographic indications, it innovated when subdividing them into two separate institutes: indication of origin and designation of origin.
Indication of origin is understood as the geographical name of a country, city, region or locality within its territory, which has become known as a center of extraction, production or manufacture of a specific product or for providing a particular service.
On the other hand, designation of origin refers to the geographical name of a country, city, region or locality within its territory, which designates a product or service whose qualities or characteristics are due exclusively or essentially to the geographical environment, including natural and human factors (know-how or savoir faire).
Associations, institutes and representative legal entities of the community entitled to exclusive use of the geographical name established in the respective region may request registration of geographic indications.
The registration of a geographical indication, besides preventing the use by producers or service providers of another region, adds value to the goods, highlighting and noting the name of the place of origin, such as: Cognac, Porto, Napa Valley, Vale dos Vinhedos, Champagne, Roquefort, Região do Cerrado Mineiro, Paraty, Canastra etc.
We provides complete services from the application to the granting of registration of geographical indications before the Brazilian PTO.