Trademarks

A trademark is a sign. In Brazil, it must be visually perceptible. It can be a name, a figurative symbol, a combination of both, or a three-dimensional shape. This sign’s function is to distinguish a product or service.

Trademark ownership is acquired through registration, validly granted by the INPI – National Institute of Industrial Property. To provide effective service and a valid registration, we analyze the sign’s registration requirements: lawful, distinctive, and available.

The trademark registration process at INPI follows this procedure:

DEPOSIT --> PUBLICATION --> APPROVAL --> GRANT

Oppositions may arise from the publication, and appeals may follow the grant.

Our services cover the entire administrative phase:

• In the pre-application phase, we analyze the appropriate protection and conduct prior art searches.
• In the administrative phase, we file the registration request and monitor the process and its developments.
• In the post-registration phase, we oversee the trademark during the subsequent ten-year period.

Like any property, it is not left to chance. A registration can face expiration during its existence and be canceled by INPI if its use is not demonstrated. Therefore, it must be monitored. Similarly, third parties may apply for similar trademarks, and our monitoring services address this.

Other distinctive signs

Not everything is a trademark in its legal sense. There are other signs that also serve to distinguish.

The company name distinguishes the company, while the trade name distinguishes the establishment. For protection of the company name, in principle (except for notoriety), the name must be registered with the commercial registry.

The protection is state-based, and its extension depends on registrations in each state’s commercial registry. The trade name, on the other hand, has protection only within the establishment’s operational area.

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