The BRPTO announced on October 29, 2024, a call for contributions on the analysis of acquired distinctiveness through use during the trademark registration examination, as a way to encourage social participation.

Initially, the information provided is that the request for analysis of acquired distinctiveness may be made at the time of filing the application for registration or when filing an appeal against the rejection of the application for registration.

The drafts of the normative act and the analysis guidelines are available on the BRPTO's website and will be open for comments and/or suggestions until January 27, 2025, when the public consultation period ends.

The original drafts of the texts submitted for consultation are available here in Portuguese.

For more information, please contact us at trademarks@lickslegal.com.