On December 10, 2024, the Brazilian Trademark Office (INPI) held an in-person meeting with trademark practitioners to discuss new guidelines related to the prosecution of trademark applications in the online betting sector.
Legal Framework for Trademark Registration
Brazilian Trademark Law (Law No. 9,279/1996) establishes in Article 128 that only private entities engaging in lawful and effective business activities—either directly or through companies under their direct or indirect control—are eligible to apply for trademark registrations. Applicants must declare compliance with this requirement in the application, under penalty of law.
Given this, trademark applications in the online betting sector must align with this provision and comply with specific regulations, including Federal Law No. 14,790/2023, which governs the online betting industry in Brazil.
Key Considerations for Online Betting Trademark Applications
Trademark owners in the online betting industry should consider the following critical points:
- Ownership Requirements
- The trademark must be registered by a company approved by local authorities to offer online betting services.
- Proper Specification of Goods and Services
- Applications must include a list of goods or services using terms consistent with Federal Law No. 14,790/2023, such as:
- "Online betting services"
- "Fixed-odds betting services on real sports-themed events"
- "Fixed-odds betting on virtual online gaming events"
- Applications must include a list of goods or services using terms consistent with Federal Law No. 14,790/2023, such as:
- Prohibited Services
- Trademark applications referring to "gambling" or "casino" services are prohibited under §1 of Article 128 of Law No. 9,279/1996, as these are considered illegal activities in Brazil.
INPI's Position and Implications
INPI representatives emphasized during the meeting that any terms used in a trademark application that deviate from those outlined in Law No. 14,790/2023 are likely to result in office actions. Noncompliance with these guidelines may lead to the rejection of the application under Article 128 of the Brazilian Trademark Law.
The conclusions of the meeting do not represent official guidelines, but rather reflect INPI’s current interpretation of the legal framework. Companies operating in the online betting sector should consider this understanding to avoid potential challenges during trademark prosecution.
