We were once inquired by a foreign trademark attorney about the possibility of appeal in an opposition decision in Brazil.
To understand the decisions regarding oppositions and the possibility of appeal, it is important understand the trademark application in Brazil. There are countries, where the Trademark office analyses if the trademark can be registered and make a decision and after that publish the trademark for oppositions.
In Brazil, firstly the trademark is published for oppositions and only after that the Brazilian trademark office decides if the trademark can be registered or not. Thus, only one decision is made, stating about the opposition and the possibility of register the trademark.
For this reason, it may seem that there is no appeal from the decision about the opposition. However, if the trademark is granted and the opposition is not accepted, the opponent can file an administrative nullity. So, the opponent can discuss the grant of the trademark and challenge the decision of the Trademark office.
After that, the Brazilian trademark office can revise its decision and reject the trademark. So, the opponent can challenge a decision that grant a trademark.
Lawyer Author of the Comment: Laila dos Reis Araujo
“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”