Cultural activities gain priority in trademarks analysis

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The Brazilian Patent and Trademark Office (BPTO) launched the pilot project that aims to give priority to the analysis of trademarks linked to cultural expressions in Brazil registered by the National Historic and Artistic Heritage Institute (IPHAN in portuguese).

The novelty was instituted by Ordinance/INPI/ nº. 57, (one should keep in mind that INPI is the portuguese acronym of BPTO) of December 30th, 2021 and it is an important initiative to promote the registration of brazilian cultural expressions and, in turn, make brazilian heritage even better known within its vast territory.

According to the Ordinance, the request for priority processing can occur both in trademarks applications and in administrative nullity proceedings, provided that it contains, as a whole, a sign recognized as a form of expression by IPHAN and the services covered by the class 41, such as holding entertainment events, music education, organization of shows, among others, which, in turn, must be related to artistic manifestations registered as intangible cultural assets included in the IPHAN Registration Book of Forms of Expression.

Among the forms of expression contained in the registration list available on the IPHAN website are frevo, carimbó, “maracatu nação” and “maracatu do baque solto”.

To obtain priority, the applicant must file a petition called “submission of documents”, to which the Certificate of Cultural Heritage of Brazil available on the IPHAN website must be attached, as well as communicate through the BPTO’s official communication channel.

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