Trademark Regulations

 1. CONVENTION PRIORITY RIGHT

1.1. The right assured by the Paris Union Convention or in other treaties concerning the priority right in the filing of trademark applications is provided in article 127 of the Industrial Property Law ("LPI") and must be exercised within six (6) months as of the date of the filing of the most former priority claim, as provides the Paris Union Convention, or pursuant to the applicable treaty.

1.2. The priority claim will be requested in the application for registration and may be supplemented in sixty (60) days as of the date immediately subsequent to the date the filing.

1.3. The priority claim requested on the occasion of the filing of the application for registration or supplemented in the term of sixty (60) days, as provides item 1.2, must be evidenced by an appropriate document issued by the country of origin, and must contain the number, date and a photocopy of the application or registration, accompanied by an unofficial translation of the document, in up to four (4) months as of the date of filing.

1.4. Whenever the priority right is obtained through assignment, the respective assignment instrument or declaration thereof must be filed jointly with the priority document, accompanied by an unofficial translation thereof, not being required consular legalization.

1.5. The formal requirements in regard to the instrument of assignment of the priority right will be as determines the legislation of the country where it was signed.

1.6. The priority claim does not exempt the application from the applying of the legal provisions set forth in the LPI, where applicable.

 2. TRADEMARK APPLICATION

2.1. The trademark application must be filed with the following documents:

2.1.1. application form (Form Model I), as per Normative Act No. 132/97, in Portuguese, signed by the applicant or its attorney-in-fact.

2.1.2. labels, when the application refers to a device or composite mark, in bi-dimensional or tri-dimensional forms, observing the quantity and specifications determined in the User's Guide;

2.1.3. receipt of payment of the official filing fee;

2.1.4. power of attorney, when the interested party does not personally file the application;

2.1.5. documents related to the priority claim, if the case may be;

2.1.6. Use Regulations, in the case of collective mark;

2.1.7. description of the characteristics of the product or service, and control measures, in the case of certification trademark;

2.1.8. unofficial translation of the documents in a foreign language, not being required consular legalization;

2.1.9. card for search of a device mark, as per Model VII, as provides Normative Act no. 132/97, observing the quantity and specifications determined in the User's Guide, in the case of a device or composite mark, under a bi-dimensional or tri-dimensional form;

2.1.10. a brief description of the essential characteristics that typify the tri-dimensional mark, including drawings of the figure in its frontal, lateral, superior and inferior view and in perspective, if the case may be.

2.2. Each trademark application may indicate a single class and up to three (3) product/service codes of the indicated class, according to the Classification of Products and Services Classification then current.

2.3. If not attached to the application form on the occasion of the filing thereof, the following documents may be filed in a term of sixty (60) days as of the day immediately subsequent to the date of filing, regardless of notice or official action by the INPI, under penalty of definitive shelving of the trademark application:

2.3.1. Power of Attorney;

2.3.2. Use Regulations, in the case of a collective mark;

2.3.3. Description of the characteristics of the product or service, and control measures, in the case of a certification mark;

2.3.4. Unofficial translation of the documents in a foreign language, not being required the consular legalization.

 3. PROTOCOL OF THE TRADEMARK APPLICATION

3.1. The trademark application is subject to a preliminary formal examination pursuant to its filing at the INPI, which will be restricted to the checking of the following documents:

3.1.1. application form, as per Form Model I;

3.1.2. labels, if the case may be;

3.1.3. receipt of payment of the official filing fee.

3.2. The INPI will issue the necessary official actions in the preliminary formal examination, including actions in regard to the supplementation of the official fee paid in a lesser amount, which must be fulfilled by the applicant in five (5) days, under penalty of the trademark application being rendered nonexistent.

3.3. If, pursuant to erasure or error a new application form is required, the applicant will attach thereto the former application whereby the date and time of its filing are indicated.

3.4. Once concluded the preliminary formal examination and fulfilled the official actions issued by the INPI in the term set forth in item 3.2, the trademark application will be protocoled being considered the date of filing the date of its receipt at the INPI.

3.5. For the purposes of this Normative Act, the protocol is considered the number affixed to the application form, subsequent to compliance with the formalities for its acceptance, in the preliminary formal examination.

3.6. The application for registration will be published pursuant to its protocol.

 4. EXAMINATION OF THE APPLICATION FOR REGISTRATION

4.1. Upon publication of the application for registration, a term of sixty (60) days will be opened for the filing of oppositions, which must be filed in the form of a petition, as per Model II provided in Normative Act no. 132/97.

4.2. The opposition will not be acknowledged if:

4.2.1. it is filed after expiration of the term of sixty (60) days as of the date of publication of the application for registration;

4.2.2. it is not accompanied by the receipt of the payment of the corresponding official fee;

4.2.3. it lacks legal grounds;

4.2.4. it is based on section XXIII of article 124 or article 126 of the LPI and the opponent does not evidence the filing at the INPI of the application for registration of its trademark in a term of sixty (60) days as of the day immediately subsequent to the date of filing of the opposition, regardless of notice or official action by the INPI;

4.2.5. it is based on paragraph 1 of article 129 of the LPI and the opponent does not evidence the filing of the application for registration of its trademark at the INPI;

4.2.6. it is based on article 125 of the LPI, it is not accompanied by the due evidence attesting that the trademark is well-known, with the receipt of payment of the official fee for opposition.

4.3. If the opposition is found in order, the applicant of the application for registration will be notified, by published notice, to manifest itself in a term of sixty (60) days as of the aforesaid publication.

4.4. Once the term for the filing of oppositions has expired, or if it is filed, once expired the term for manifestation by the applicant, the application for registration will be subject to examination by the INPI.

4.5. On the occasion of the respective examination, which will be preceded by a search for preexisting impeding trademarks, the application will be analyzed as to whether the application is in accordance with the formal requirements, taking in account a possible opposition.

4.6. If necessary, the official actions deemed applicable will be issued, including those related to the technical appropriateness of the application, and also its classification, which must be replied in a term of sixty (60) days as of the date of the publication thereof.

4.7. If the official action is not replied, the application will be definitively shelved, as provides paragraph 1 of article 159 of the LPI, and no administrative appeal may be filed (paragraph 2 of article 212 of the LPI).

4.8. If the official action is replied, even if it is not satisfactorily fulfilled, or if the official action is contested, the examination of the application will proceed.

4.9. If in the examination is found to exist a temporary impediment for a decision on the application, the suspension of the proceedings will be published, indicating the object of the impediment.

4.10. As of the publication of the decision of acceptance of the application, against which no appeal may be filed (article 212, paragraph 2 of the LPI), a sixty (60)-day term will be opened for the applicant to file the receipt of payment of the official fee for the issuance of the Certificate of Registration and for the first ten (10)-year term of protection of the registration, through a request as per Form Model II, provided in Normative Act no. 132/97, in Portuguese and signed by the applicant or its attorney-in-fact.

4.11. The receipt of payment of the official fees for the issuance of the Certificate of Registration and for the first ten (10)-year term of protection thereof, when such is not filed in the term set forth in item 4.10, it may be filed in a term of thirty (30) days as of the date immediately subsequent to the termination of the term set forth in the aforementioned item, regardless of notice or official action by the INPI.

4.12. The grant of registration will be published after the receipt of payment of the aforesaid official fees is filed. The date of such publication will be the date of the respective Certificate of Registration, as of which will commence the elapsing of the ten (10)-year term of protection.

4.13. If the receipt of the foregoing official fees is not filed within the terms mentioned above, the application will be definitively shelved, foreclosing the administrative proceedings.

 5. APPEAL AGAINST REJECTION OF THE TRADEMARK APPLICATION

5.1. An appeal may be filed against the decision of rejection of the application for registration, in a term of sixty (60) days as of the date of publication thereof.

5.2. The appeal will not be acknowledged if:

5.2.1. it is filed after expiration of the term therefor;

5.2.2. it is not accompanied by the receipt of payment therefor;

5.2.3. it lacks legal grounds.

5.3. If an appeal is not filed, or if filed but not acknowledged, the INPI will publish the definitive shelving of the application for registration, thus foreclosing the administrative proceedings.

5.4. If the appeal is found in order, it will be published and, as of the date of publication will commence a sixty (60)-day term for interested parties to file their reply thereto. Once such term has elapsed the appeal will be subject to examination.

5.5. Upon the examination of the appeal, the INPI may issue the official actions necessary for its support, which must be complied in a term of sixty (60) days as of the date of publication thereof.

5.6. If, in the examination thereof, there exists a temporary impediment to the decision on the appeal, the suspension of the proceedings will be published, identifying therein the reason of such impediment.

5.7. Upon the conclusion of the examination of the appeal, the decision thereon will be published, sustaining the appealed decision or reversing it so as to grant the application.

5.8. As of the date of publication of the decision that reverses the rejection decision of the first examiner, so as to accept the application, a term of sixty (60) days will be opened for the applicant to file the receipt of payment of the official fees for the issuance of the Certificate of Registration and for the first ten (10)-year term of protection thereof, through the filing of a request, as per Form Model II provided in Normative Act no. 132/97, in Portuguese, signed by the applicant or its attorney-in-fact.

5.9. If the receipt of payment of the official fees for the issuance of the Certificate of Registration and for the first ten (10)-year term of protection is not filed within the term mentioned in item 5.8., it may be filed in a term of thirty (30) days as of the date immediately subsequent to the day on which expires the term referred in such item, regardless of notice or official action by the INPI.

5.10. The grant of registration will be published after the filing of the receipt of payment of the official fees referred in the foregoing items. The date of such publication will be the date of the respective Certificate of Registration, as from which will commence the ten (10)-year term of protection thereof.

5.11. If the receipt of payment of the official fees referred in the foregoing items is not filed during the terms mentioned therein, the application will be definitively shelved, thus foreclosing the administrative proceedings.

 6. WITHDRAWAL OF THE APPLICATION FOR REGISTRATION

6.1. The withdrawal of the application may be requested at any time prior to the date of publication of its granting, and will be supported by the following documents:

6.1.1. request, as per Form Model II provided in Normative Act no. 132/97, in Portuguese, signed by the applicant or its attorney-in-fact;

6.1.2. power of attorney with specific powers for the performance of the act, if the interested party does not personally request it and if such powers were not granted to its attorney-in-fact on the occasion of the filing of the application for registration.

 7. ADMINISTRATIVE NULLITY PROCEEDINGS

7.1. The administrative nullity proceedings may be requested by the INPI or by a legitimately interested party, through a request, as per Form Model II provided in Normative Act no. 132/97.

7.2. The administrative nullity request will not be acknowledged if:

7.2.1. filed or requested after the elapsing of the legal term of one hundred eighty (180) days as of the date of granting of the application;

7.2.2. it is not accompanied by the receipt of payment of the official fee therefor, when it is not requested ex officioby the INPI;

7.2.3. it lacks legal grounds;

7.2.4. requested by a party that lacks legitimate interest;

7.2.5. on the grounds of section XXIII of article 124 or article 126 of the LPI, the party that requests the nullity fails to evidence the filing of its trademark application at the INPI within the term of sixty (60) days as of the date immediately subsequent to the date of the filing of the administrative nullity request, regardless of notice or official request by the INPI;

7.2.6. based on paragraph 1 of article 129 of the LPI, the party that requests the nullity fails to evidence the filing of the application for its trademark with the INPI;

7.2.7. based on article 125 of the LPI, it is not unaccompanied by the due evidence that the trademark is well-known, with the receipt of payment of the specific official fee for the subject administrative nullity request.

7.3. If the administrative nullity request is found in order, the owner of the registration will be notified by publication to manifest itself in a term of sixty (60) days as of such publication.

7.4. Upon expiration of the term set forth in item 7.3, even if a manifestation is not filed and the registration is extinguished, the administrative nullity proceedings will be subject to examination and a decision thereon.

7.5. During the examination of the administrative nullity proceedings the INPI may issue official actions for the support and decision thereof, which must be complied in a term of sixty (60) days, as of the publication thereof.

7.6. If asserted during examination the existence of a temporary impediment to the decision of the administrative nullity proceedings, a notice of the suspension of the proceedings will be published, indicating therein the reason of the impediment.

7.7. Upon conclusion of the examination of the administrative nullity proceedings, the decision will be published, sustaining the registration or declaring the nullity thereof, whether total or partial.

7.8. The decision rendered in the administrative nullity proceedings will foreclose the administrative proceedings.

 8. RENEWAL OF THE TERM OF VALIDITY OF THE TRADEMARK REGISTRATION

8.1. The request for renewal of the term of validity may be filed during the last year of the validity of the registration.

8.2. If the request for renewal is not filed in the term provided in the foregoing item, it may be filed in a term of six (6) months, as of the date immediately subsequent to the date of expiration of the term of validity of the registration, regardless of any notice by the INPI.

8.3. The request for renewal of the term of validity of the registration must be supported by the following documents:

8.3.1. request, as per Form Model II, provided by Normative Act no. 132/97, in Portuguese, signed by the applicant or its attorney-in-fact;

8.3.2. labels, when the subject trademark is a device or composite mark, in a bi-dimensional or tri-dimensional form, observing the quantity and specifications determined in the User's Guide;

8.3.3. receipt of payment of the respective official fee;

8.3.4. power of attorney, if the case may be.

8.4. When the power of attorney is not filed with the renewal request, it must be filed in a term of sixty (60) days as of the day immediately subsequent to the day of filing of the renewal request, regardless of notice or official action by the INPI, under penalty of shelving of the renewal request.

8.5. The renewal request will be examined only in regard to the formal requirements therefor.

8.6. If necessary, the official actions deemed suitable will be issued, inclusively in regard to the technical appropriateness of the registration of the trademark, as well as to the classification thereof which shall be replied in a term of sixty (60) days as of the publication thereof.

8.7. Pursuant to the expiration of the term mentioned in the foregoing section, the renewal request will be examined. The decision will be published after the examination is concluded.

 9. APPEAL AGAINST REJECTION OF THE RENEWAL REQUEST

9.1. An appeal may be filed against the decision of rejection of the renewal request, in a term of sixty (60) days as of the date of the publication thereof.

9.2. The appeal will not be acknowledged if:

9.2.1. it is filed after the legal term has elapsed;

9.2.2. it is not accompanied by the receipt of payment of the official fee therefor;

9.2.3. it lacks legal grounds.

9.3. If the appeal is deemed to be in order, it will be published and subsequently examined by the INPI, who will sustain or amend the appealed judgment.

 10. ASSIGNMENT OF RIGHTS

10.1. The request for annotation of an assignment must be supported by the following documents:

10.1.1. request, as per Form Model II provided in Normative Act no. 132/97, in Portuguese, signed by the assignee or its attorney-in-fact;

10.1.2. receipt of payment of the official fee therefor;

10.1.3. instrument attesting the assignment, which must contain the full identification of the assignor, assignee and witnesses, powers of representation of the signatories of the assignment, number of the application or registration, the assigned trademark and the date on which the document was signed;

10.1.4. instrument attesting the assignment of a priority right, if the case may be;

10.1.5. power of attorney, if the case may be;

10.1.6. unofficial translation of the documents in a foreign language, not being required their consular legalization;

10.1.7. original certificate or a duplicate thereof, or a copy of the request for the latter or, further, in the case of assignment of a registration a statement that it is being requested.

10.2. An assignment may be evidenced by any appropriate document that demonstrates the transfer of the ownership of the application or registration of a trademark, such as pursuant to merger, split, amalgamation, lawful or testamentary succession or court decision.

10.3. The INPI will record the assignment mentioning the full identification particulars of the assignee and will publish it so that it produces effects in regard to third parties.

10.4. In the case of assignment of a trademark registration that is under examination in renewal proceedings, the new Certificate will be issued in the name of the assignee.

10.5. An appeal may be filed against the decision that rejects the annotation of assignment, cancellation of a registration or shelving of an application, in a term of sixty (60) days as of the publication of the notice thereof, pursuant to the provisions of article 135 of the LPI, and the decision thereon forecloses the administrative proceedings.

 11. CHANGE OF NAME, MAIN OFFICES OR ADDRESS

11.1. The request for annotation of a change of name, main offices or address of the applicant or owner must be supported by the following documents:

11.1.1. request, as per Form Model II provided in Normative Act no. 132/97, in Portuguese, signed by the applicant or its attorney-in-fact;

11.1.2. indication of the changes that occurred;

11.1.3. a numbered list of the applications and/or registrations to be amended;

11.1.4. receipt of payment of the corresponding official fee;

11.1.5. power of attorney, if the case may be;

11.1.6. original certificate or a duplicate thereof, or a copy of the request for the latter, or, further, in the case of a registration, a statement that is being requested.

11.2. The INPI will record the changes of name, main offices or address and will publish it so that it produces effects in regard to third parties.

11.3. In the case of change of name, main offices or address in a registration that is under renewal examination proceedings, the new Certificate will be issued with the changed name and/or main offices or address.

11.4. The INPI will further record any restriction or lien on the application or registration, upon specific evidence, and will publish it so that it produces effects in regard to third parties.

 12. SEARCH CERTIFICATE

12.1. The request for a certificate of search must be supported by the following documents:

12.1.1. request, as per Form Model IV provided in Normative Act no. 132/97, in Portuguese, signed by the applicant or its attorney-in-fact;

12.1.2. labels, in the case of a device or composite mark, in bi-dimensional or tri-dimensional form, observing the quantity and specifications determined in the User's Guide;

12.1.3. receipt of payment of the corresponding official fee;

12.1.4. power of attorney, if the case may be.

 13. STATUS CERTIFICATE

13.1. The request for a status certificate must be supported by the following documents:

13.1.1. request, as per Form Model III provided in Normative Act no. 132/97, in Portuguese, signed by the applicant or its attorney-in-fact;

13.1.2. receipt of payment of the corresponding official fee;

13.1.3. power of attorney, if the case may be.

 14. OFFICIAL COPY

14.1. The request for an official copy must be supported by the following documents:

14.1.1. formal request, pursuant to Form Model II, provided in Normative Act no. 132/97, in Portuguese, signed by the applicant or its attorney-in-fact;

14.1.2. receipt of payment of the corresponding official fee;

14.1.3. power of attorney, if the case may be.

 15. REQUEST FOR PHOTOCOPY

15.1. The request for a photocopy must be supported by the following documentation:

15.1.1. request, as per Form Model V provided in Normative Act no. 132/97, in Portuguese, signed by the applicant or its attorney-in-fact;

15.1.2. receipt of payment of the corresponding official fee.

 16. POWER OF ATTORNEY

16.1. If the interested party does not personally file the application, it must submit therewith an instrument of power of attorney or in a term of sixty (60) days as of the day immediately subsequent to that of the performance of the first act of the party in the proceedings, as provides article 216 of the LPI, regardless of notice or official action of the INPI.

16.2. The filing of the instrument thereof must observe the form and term determined in paragraph 2 of article 216 of the LPI, regardless of notice or official action by the INPI, under penalty of being subject to the effects provided thereunder.

16.3. If the party is domiciled abroad, and its acts are not performed by an attorney-in-fact as provides article 216 of the LPI, a power of attorney must be filed pursuant to the provisions of article 217 of the LPI, even if the act was personally performed.

16.4. The power of attorney that contains the powers provided in article 217 of the LPI, when it is not filed jointly with the application for registration may be requested by INPI at any time, inclusively after the registration is extinguished and, in such event, it must be filed in a term of 60 (sixty) days as of the publication of the official action.

 17. TERMS

17.1. The request for a grant of an additional term to perform an act that is not practiced for just cause must be filed as per Form Model VI provided in Normative Act no. 132/97.

17.2. If the INPI recognizes the just cause that impeded the party to perform the act in the legal term, it will notify the interested party as provides article 226 of the LPI, as to the granted term, which will not be less than fifteen (15) days and greater than sixty (60) days.

17.3. The INPI will assure to the interested parties the furnishing of official copies, certificates or photocopies that are duly requested, in regard to the matters referred in the LPI, in a term of thirty (30) days, except for just cause.

17.4. The lack of furnishing by the INPI, within the term mentioned in the foregoing section, of photocopies of documents filed in the proceedings that are necessary for the grounding of any of the administrative measures foreseen in the LPI does not release the party from filing the corresponding petition in the legal term therefor, accompanied by the receipt of payment of the respective official fee.

17.5. Upon the furnishing of the photocopies referred in the foregoing section, the interested party may file, within the term granted by the INPI, supplementary allegations, through a petition exempted from an official fee, accompanied by a copy of the request for a photocopy that states the date on which such request was fulfilled.

 18. EXTINCTION OF A REGISTRATION BY EXPIRATION OF THE TERM OF VALIDITY

18.1. The extinction of a registration will be published upon the expiration of the term of its validity and lack of renewal thereof.

 19. EXTINCTION OF A REGISTRATION BY WAIVER

19.1. The waiver, which may be a full or partial waiver in regard to the products and/or services, per subclass in accordance with the Classification of Products and Services (Normative Act 51/80), that are identified by the mark, must be supported by the following documents:

19.1.1. request, as per Form Model II, provided by Normative Act 132/97, in Portuguese, signed by the applicant or its attorney;

19.1.2. power of attorney with special powers to waive, when the waiving party is a company;

19.1.3. documents that attest the capacity and powers of the signatory of the request for waiver, when the waiving party is a company.

19.2. In regard to the collective mark, the waiver will only be admitted when it is requested in accordance with the provisions of the company's Articles of Incorporation or By Laws, or the use regulations.

 20. EXTINCTION OF THE REGISTRATION FOR NON OBSERVANCE OF THE PROVISIONS OF ARTICLE 217

20.1. If asserted the lack of a power of attorney pursuant to the provisions of article 217 of the LPI, the INPI may issue an official action which, in the event that it is not fulfilled in a term of sixty (60) days as of the date of publication thereof, will entail the extinction of the registration.

 21. FORFEITURE PROCEEDINGS

21.1. The request for a declaration of forfeiture of a registration will not be acknowledged if:

21.1.1. on the date of its filing a term of at least five (5) years has not elapsed since its granting;

21.1.2. on the date of its filing the use of the mark is proved, or the lack of its use for legitimate reasons is justified, in a previous forfeiture proceeding that was requested less than five (5) years ago;

21.1.3. it is not accompanied by the receipt of payment of the corresponding official fee;

21.2. If the request for the declaration of forfeiture is deemed to be in order, the owner will be notified, by a published notice, to submit evidence of use of the mark or justify the lack of its use for legitimate reasons, in a term of sixty (60) days as of the date of the publication thereof.

21.3. During the examination of the submitted evidence of use the INPI may issue an official action as it may deem necessary for clarifications in regard thereto, inclusively for the submission of supplementary evidence, which must be fulfilled in a term of sixty (60) days as of the publication thereof.

21.4. Upon the conclusion of the examination the decision will be published, either declaring the forfeiture of the registration, which may be partial, in regard to a subclass of the Classification of Products and Services, or rejecting the forfeiture request, if the use is proved for at least one product or service of each subclass in which the mark is registered.

21.5. The withdrawal of a forfeiture request will only be approved by the INPI if it is requested previously to the decision of the initial level examiner.

 22. APPEAL AGAINST THE DECLARATION OR REJECTION OF THE FORFEITURE OF A REGISTRATION

22.1. An appeal may be filed against the decision of declaration or rejection of the forfeiture of a registration in a term of sixty (60) days, as of the date of publication thereof.

22.2. The appeal will not be acknowledged if:

22.2.1. it is filed after the legal term therefor has elapsed;

22.2.2. it is not accompanied by the receipt of payment of the corresponding official fee;

22.2.3. it lacks legal grounds.

22.3. If considered to be in order, the appeal will be published and as of the date of publication a term of sixty (60) days will be opened for the filing of a reply thereto by third parties. Pursuant to the expiration of such term the appeal will be examined.

22.4. During the examination of the appeal the INPI may issue the official actions that it deems necessary, inclusively for the submission of supplementary evidence of use, which must be fulfilled in a term of sixty (60) days, as of the publication thereof.

22.5. Pursuant to the conclusion of the examination of the appeal the decision thereon will be published, thus foreclosing the forfeiture proceedings at the administrative level.

 23. CONVERSION OF APPLICATIONS AND REGISTRATIONS

23.1. The registrations in effect and the pending applications related to trademarks claimed in subclass 5.00, pursuant to the provisions of class 5 of the Classification of Products and Services enacted by Normative Act no. 51/81, will be converted into a product marks.

23.1.1. In all cases that regard a medication or substance that must be ingested or applied, internally or externally on the human body or an animal, the request for the conversion of a generic mark into a product mark must be supported by evidence of the existence of at least one distinct application or registration of a mark that is linked to a specific therapeutic purpose, in each subclass of trademark class 5.

23.1.2. The converted trademark may only be used jointly with a mark that is linked to the therapeutic purpose for the subject product, even if the latter may be used without the former.

23.1.3. In regard to the pending applications filed under the then current Law no. 5,772/71, the request for conversion may be filed until the examination of the application for registration is initiated, in the initial or secondary administrative level, and in the event of a lack of such request an official action will be issued.

23.1.4. In regard to a registration in force, the request for conversion will be filed upon the request for its renewal.

23.1.5. The request for conversion must be filed through a specific request, accompanied by the documents mentioned in item 2, as applicable, and the receipt of payment of the official fee that corresponds to the new registrations.

23.2. The owners of registrations in effect and of pending applications for product or service marks are entitled to request their conversion into collective or certification marks, provided the provisions set forth in the LPI are fulfilled, especially the provisions of articles 123, sections II and III, 147 and 148.

23.2.1. In regards to the pending applications for registration filed under the then current Law no. 5,772/71, the request for conversion may be filed until the final decision thereon.

23.2.2. In regard to the registrations in effect the request for conversion may be filed on the occasion of the filing of the request for its renewal.

23.2.3. The request for conversion must be filed through a specific petition, accompanied by the receipt of payment of the corresponding official fee and the documents mentioned in sections 2.1.6, 2.1.7 and 2.1.8, as applicable.

23.2.4. An appeal may be filed against the decision that accepts or rejects a request for conversion, in a term of sixty (60) days as of the date of publication thereof.

 24. INFORMATION PUBLISHED

24.1. The following information must appear in all publications of acts in the trademark processes and procedures:

24.1.1. number and date of the filing of the application or of the registration;

24.1.2. name of the applicant or owner; and

24.1.3. code of the country, international organization or, in the case of Brazil, the code of Brazil and of the federative unity.

24.2. The published notices of filing of an application must further contain:

24.2.1. the trademark;

24.2.2. the type and form of the mark;

24.2.3. class;

24.2.4. the products or services covered by the mark; and

24.2.5. priority information, if any.

24.3. In addition to the information mentioned in section 24.1, the published notices of the filing of opposition, appeals by third parties, proposal of administrative nullity proceedings and request for declaration of forfeiture will further indicate the name of the opponent, appellant or requesting party.

24.4. In addition to the information mentioned in sections 24.1 and 24.2 above, the publication of the notices of acceptance of the application for registration, grant and renewal of registration will indicate a possible annotation as to the extension of the protection conferred to the trademark.

24.5. In addition to the information mentioned in section 24.1, the publication of notices of suspension of proceedings will indicate the reason for the suspension.

24.6. In addition to the information mentioned in section 24.1, the legal grounds and possible supplements will be published in the notices of the rejection of applications for registration and of the acceptance or rejection of appeals, administrative nullity proceedings and declaration of forfeiture.

24.7. The name of the assignee will be published in the notices of annotation of the assignment of rights, in addition to the information mentioned in section 24.1.

 25. TRANSITORY AND FINAL PROVISIONS

25.1. The official fee that is duly paid will not be reimbursed.

25.2. The petitions will only be accepted for protocol upon fulfillment of the legal requirements.
This Normative Act will be effective on May 15, 1997, being revoked Normative Act 9/75, 46/80, 91/88, 111/93, 113/93, 121/93 and 123/93 and any other provisions to the contrary concerning trademarks.