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assignment of rights.
In light of the above, there are a few important factors that trademark practitioners should consider when dealing with applications and registrations under a co-ownership regime in Brazil. The following is an overview of some of the most important points.
Actions before Brazilian Trademark Office
Statements and responses in compliance with office actions must be signed by all of the owners. However, oppositions, administrative nullity actions and non-use cancellation actions may be submitted to the agency by only one owner.
Legitimacy
According to the Brazilian Trademark Law, applicants must declare that they effectively and lawfully conduct business in connection with the goods and services claimed in the application. In the case of co-ownership, all owners must be engaged in a compatible activity and the same condition must be met in the event of an assignment.