Ingresar
Withdrawal
By Rodrigo Borges Carneiro
In some cases and for various reasons an agreement may be desirable in order to avoid a possible cancellation.
As part of the strategy you will have to consider if there is any final term for presenting the withdrawal.
However, this fine point has been object of past conflicting positions by the Brazilian Trademark Office which has switched from denying the possibility of accepting the withdrawal at any time to accepting the withdrawal at any time.
Now, the position of the Brazilian Trademark Office is that the withdrawal will only be accepted if presented before the first decision of the forfeiture request.
Therefore, the parties will have to be able to reach an agreement before a decision is issued or an eventual cancelation will not be reversed in an appeal due to the withdrawal of the request.
This position was incorporated in the recently published Trademark Examination Guidelines as well as in a recent opinion approved by the President of the Brazilian Trademark Office and published on February 1st 2011.
Dannemann Siemsen
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