One of the worst nightmares for Brazilian market sellers: your hard-built brand has been filed by someone else in Brazil before you did. Fortunately, Brazil provides three official paths to recover your trademark: opposition, nullity action, and assignment.
1. Path 1: Opposition (During Publication)
If the squatter's application is still in the 60-day publication period, you can file an opposition. This is the fastest and cheapest option. You must prove prior rights — either prior use in Brazil or prior registration in another country through Paris Convention priority or well-known trademark protection.
2. Path 2: Nullity Action (After Registration)
If the squatter has already obtained registration, you can file a nullity action requesting INPI to invalidate the registration. This is more complex and takes longer (1-2 years), but it is the only option once the trademark is registered.
3. Path 3: Assignment (Buy the Trademark)
If legal proceedings are too slow or uncertain, you can negotiate to purchase the trademark from the squatter. This is often the fastest practical solution, especially if the squatter is a professional trademark squatter who expects payment.
4. Which Path Should You Choose?
- If the application is still in publication: file opposition immediately.
- If the trademark is registered and you have strong prior use evidence: file nullity action.
- If you need the trademark quickly and legal proceedings are too slow: negotiate assignment.
5. Summary
If your trademark has been squatted in Brazil, you have three recovery options: opposition, nullity action, or assignment. The best path depends on the current status of the squatter's application and the strength of your prior rights evidence.