What is a Trademark?
.....Trademark,
under the brazilian law, is a word, name or symbol which is used
in trade to indicate the source of goods (Trademark) and services
(Servicemark) and distinguish them from others, as well as certify
compliance with technical and legal standards.
A trademark can be procured by requests to a Patent and Trademark
Office, which registrates the product or service if in compliance
with laws and regulations. In Brazil, the government office in charge
is known as INPI
.
(source:
www.inpi.gov.br)
What
is a Patent?
.....A patent for an invention
or utility model is the grant of a temporary property right to
the inventor, issued by the State to any persons to whom creation
or design is attributed. In turn, the person granted must provide
a comprehensive description including technical aspects of the
invention. During the term of a patent grant, the right conferred
is, in the languag of the statute and the grant itself, “the
right to exclude others fom making, using, offering for sale, or
selling”.
(source:
www.inpi.gov.br)
In
Brazil, applications for registration for both Trademarks and
Patents may be registered with INPI. Approval and registration
entry may be procured from two to seven years pursuant to applications.
EXEMPLES
OF TRADEMARK AND PATENTS ALREADY REGISTERED WITH INPI - MILENIUM
ELETRÔNICA LTDA:
-
M MILENIUM ELETRONICA – registration number
82129673- NCL(8) 09
- M MILENIUM ELETRONICA –registration number
820594822- NCL(7) 37
TRADEMARK
REQUEST AWATING APPROVAL:
-
ALCOFLEX– request number 826445608
EXEMPLES
OF PATENT GRANT UNDER FINAL APPROVAL - MILENIUM ELETRÔNICA
LTDA:
-
SPEED SOUND GAUGE – patent request number PI9901718-0 – Application:
15 April, 1999.
-
ALCOFLEX– patent request number PI041495-3.
NOTE:: All
the above mentioned requests are available for status check a www.inpi.gov.br Any
search for the Alcoflex patent application will be fruitless,
once it is still under its 18-month secrecy period – status
check is then available only for INPI and the applicants themselves.
It is interesting to mention that the secrecy period can be reduced
to a six-month term under the applicant´s consent. Compare
it with the other numbers furnished above and see the results.
A
PATENT ENTRY NUMBER IS NOT THE PATENT GRANT.
IN CASE THERE MAY BE ANY COMPANY USING THE PATENT ENTRY NUMBER TO
JUSTIFY ITS CLAIMS TO PATENT GRANTS, SUCH COMPANY MAY BE OVERSEEING
OR BLATANTLY DISREGARDING THE RULES.