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Why: A system that provides an opportunity to the proprietor of the mark and, in certain cases, to the common public, to oppose a mark which is deemed not to comply with the statutory requirements for registration or where it conflicts with the earlier trade mark or earlier (registered or unregistered) right.
Who can file: Anyone can oppose an application on absolute grounds, but only the proprietor of an earlier mark or earlier right may oppose an application on relative grounds.
Time period: The opponent must file the opposition within 60 days from the publication of the application in the Official Gazette. The notice of opposition will be published in the Official Gazette within approximately 60-90 days after the date of filing the opposition.
Possible Grounds:Trademark applications may be opposed on any of the absolute grounds and relative grounds for refusal under the Brazilian IP Act. The absolute grounds cover defects in the trademark itself (e.g. signs of generic, necessary, common, usual or simply descriptive nature). The relative grounds mean that there exists an earlier trademark or earlier right with which the applicant’s trademark would conflict if it were used.
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