Reasons to Deny Your Trademark

This is an inexpensive thing to register your trademark. In most of the South American countries, it can be done online. In addition, you can get help from FTO South America during the process. There are only several months to process the registration and to be concluded, you only need 18 months in Argentina and around 24 to 36 months in Brazil for it.

However, the facts that your registration could be denied cannot be doubt. Even you already use the FTO South America services, this thing could happen if there are some reasons. The first reason s when your mark is identical to another registered mark. It would be difficult to distinguish your mark if it is similar to another one. In addition, the system wants to avoid the confusion with a prior registered trademark. It could mislead the consumers. Do careful research based on the INPI database. Both in Argentina and Brazil, the INPI could deny registration. Only the owner of the trademark could oppose the registration of a sign. It happens in Europe. Ex officio only could be processed by INPI.

The second reason is when absolute grounds represent an advertising slogan. Both the Argentinian and Brazilian systems could deny it based on the Art. 1 TM Law No 22.362. FTO South America had a responsibility to announce the owner of the trademark to understand the difficulties in assessing what constitutes. The local knowledge culture and the system are essential. It means the trademark is great to register in Europe or the United States, but it is not suitable in Brazil or Argentina.

The registration is denied if the mark against the public moral. In addition, it offends the honour of people, it will automatically be rejected. The Argentinian system denies protection to something contrary to public order. To accept the principles of morality is also cannot be doubted. There was the Brazilian law consider unregistrable “Signs contrary to moral and good customary standards.” The offending of the honour and image also will be important to realize that FTO South America should notice the meaning in English or in another language. It could be Spanish or Portuguese.

Note this last reason. When the trademark consists of acronyms, names, emblems, flags, nations, government entities, regions, medals, monuments, or international organizations, it is possible for your trademark to be denied. Nickname is also denied when no consent of the owner in it.