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BRAZIL

REGULATION OF DISCLAIMERS ON TRADEMARK REGISTRATIONS

On May 31st 2016, the Brazilian Patent and Trademark Office (BPTO) issued Resolution No. 166, which establishes the regulation of disclaimers on trademark registrations.

 

In this resolution, the BPTO settled a standard disclaimer for all applications allowed after February 23rd 2016, as follows: “The protection given by this registration is limited as set forth in article 124, items II, VI, VIII, XVIII and XXI of  Law No. 9279 of May 14th 1996”. Those disclaimers issued before Resolution No. 166 will remain valid and those registrations which have not received disclaimers may continue without the standard clause, ensuring the rights that have already been granted.