Update on the New Feature of the Brazilian Directory for Combating Trademark Counterfeiting

September 2, 2024

Update on the New Feature of the Brazilian Directory for Combating Trademark Counterfeiting

Since its launch, the new functionality of the Brazilian Directory for Combating Trademark Counterfeiting has registered over 270 companies, representing more than 35,000 trademarks.

These companies and trademarks hail from over 32 countries and the list contains 30% of the world's most valuable trademarks according to Interbrand.

According to the BRPTO's statistics, 31.8% of the companies registered are originally from the United States, followed by 12% from Brazil, 10.3% from Germany, 9.6% from Switzerland, 6.5% from the UK, 5.8% from France, 4.8% from Italy, 4.1% from Holland, 1.7% from Japan, and 1.7% from China. The remaining countries account for 11.6%.

The number of companies and processes may vary depending on mergers, demergers, assignments, and similar factors. Likewise, processes may vary depending on new filings, cancellations, and new registrations.

It is important to note that the new feature of the Brazilian Directory for Combating Trademark Counterfeiting was launched on June 18, 2024. The Directory serves as strategic information hub for public agents working in the combat against counterfeiting, authorized by the Ministry of Justice and Public Security, such as Customs Authorities, Judicial Police, and the Public Prosecutor's Office.

This Directory was included in the Brazilian Plan for Combating Piracy (2022-2025) and is a joint project between the Brazilian Council for Combating Piracy and Crimes against Intellectual Property and the Brazilian Patent and Trademark Office.

The platform provides over 100 digital files supplied by trademark owners across various industrial and service segments. These files offer guidance for attesting counterfeit trademarks, including examples of:

• Original vs. counterfeit products;

• Information on licensed production and marketing locations;

• Product entry and exit routes in Brazil and internationally; and

• Technical guidelines on packaging and contents, which attest to the authenticity of trademarks.

Additionally, the Directory now also includes the contact details of those responsible for the specialized representation in combating counterfeiting of over 35,000 trademarks.

It was developed to the authorities with police and inspection powers to quickly access the contact information for representatives of original trademarks, aiding in the fight against counterfeiting.

The goal is to make inspection operations in the country more agile and effective, as authorities usually face difficulties locating the representatives of potentially infringed trademarks. This is crucial, as a statement from the trademark owner is required for the administrative process of seizing counterfeit products to proceed.

Public authorities now have access not only to a strategic information system in the Directory but also to the contact details of trademark representatives.

Among the benefits for trademark owners registering in the directory are the time and cost effectiveness in protecting their trademarks from counterfeiting.

To access all functions of the Directory, IP owners and/or their legal representatives must be registered.

The platform can be accessed here

For more information, please e-mail us at tmprosecution@lickslegal.com