Trademarks and industrial property
Your trademark protected in Brazil
A trademark is one of a company's most valuable assets. In Brazil, the exclusive right to use it arises from registration with the INPI (the National Institute of Industrial Property), not from use. Filing early and following the process closely prevents losing the name the company has built.
Trademark registration gives the company the right to use the name, the logo or a combination of both exclusively throughout Brazil, in the classes of goods and services for which it was granted. The registration is valid for ten years and can be renewed indefinitely.
An industrial design protects the shape of a product: its visual appearance, the lines and colours that make it recognisable. It is the way to stop copies of the design of packaging, furniture, electronics and parts.
The work runs from application to enforcement: clearance search, filing, monitoring of publications, responses to office actions, oppositions, appeals and, after grant, assignment and licence agreements and action against unauthorised use.
When to seek advice
- Before launching a product, an online store or a new name.
- When another company already uses a name similar to yours.
- When your trademark has received an opposition or an office action from the INPI.
- When copies of your trademark or product appear on marketplaces and social media.
- When the company is going to license the trademark, sell the business or receive investment.
- When a foreign company is about to start selling in Brazil.
How it works
Clearance search
A search of the INPI database to check whether identical or similar trademarks already exist in the same classes and to assess the risk of the application.
Class strategy
Choosing the classes and the form of the trademark (word, figurative or composite) according to what the company sells today and plans to sell.
Filing
Preparing and filing the application with the INPI. The filing date sets the company's priority over the name.
Monitoring
Watching the publications in the Industrial Property Gazette and responding to office actions, oppositions and appeals within the deadlines.
Protection after grant
Renewals, assignment and licence agreements, cease-and-desist letters and takedown requests against misuse.
Frequently asked questions
How long does the INPI take to grant a registration?
The time varies with the INPI's queue and with any oppositions. The filing, however, already secures the company's priority from the filing date.
Does using a trademark for years guarantee the right to it?
No. In Brazil, ownership of a trademark is acquired by registration. Prior use may help in specific situations, but it does not replace an application with the INPI.
Can a foreign company register a trademark in Brazil?
Yes. A foreign company needs an attorney in Brazil, and the application may claim priority from a filing made in the home country, within the deadlines of the Paris Convention.
Does registration protect the logo and the name at the same time?
It depends on the form chosen. A composite mark protects the combination. In many cases it is worth registering the name alone and the logo separately.
What can be done if someone copies my trademark?
With the trademark registered or filed, it is possible to notify the infringer, request the removal of listings on platforms and, if necessary, go to court.