Newsletter Edition 28 - September 2021


The BPTO publishes Ordinance with guidelines for position marks

On August 21st, the BPTO published Ordinance No. 37/2021 in the Industrial Property Journal (RPI) No. 2646. The Ordinance comes into force on October 1st and provides for the registration of position marks. There is still no forecast for the processing of applications, which is due to “the shortage of resources in the IT area of ​​the institute”, as explained by André Luis Balloussier, the Director of Trademarks, in a presentation at ABPI’s International Congress on Intellectual Property in August.

Until the e-BPTO system makes a proper petitioning form available, users will have to temporarily use the form concerning three-dimensional marks, indicating that it is a position mark registration.

According to the BPTO, position marks refer to the “application of a distinctive sign in a singular and specific position of a given support, dissociated from technical or functional effect”.