BPTO changes procedure on prior user rights

Given the consultation made by the General Coordination of Appeals and Administrative Nullity Proceedings (CGREC), Opinion No. 00043/2021/CGPI/PFE-BPTO/PGF/AGU of the Specialized Federal Attorney’s Office with the BPTO expressed that the prior user rights provided for in Article 129, Paragraph 1 of the Brazilian Industrial Property Law (LPI 9,279/96) may be argued in the administrative headquarters, even after the granting of the trademark registration, constituting a basis for filing an Administrative Nullity Proceeding (PAN), according to article 168 of the Brazilian IPL.