It is a visually perceptible sign or symbol that can be either a denomination; a figure, logo or emblem or a combination of these elements.
Although it is not mandatory, the registration of the mark at the National Institute of Industrial Property – INPI – guarantees specific rights. If you have a business, your products or services should probably have a brand. So, imagine not registering it and, later on, knowing that your competitors are imitating your brand, diverting your customers and, consequently, damaging your profits? With the trademark, you have guarantees against its misuse, protecting yourself against unfair competition and acts of bad faith practiced by third parties. It is a legal support that builds value for the brand, provides more security to its performance in the market, in addition to enabling commercial transactions in which your brand is the biggest object of negotiation.
In the face of an increasingly competitive scenario, registering your brand is the main step to guarantee your rights in the market. And remember: it’s easier for competitors to imitate your brand than to reproduce your product or service. So, protect yourself.
Who can register?
Any person, physical or legal, of public or private law, national or foreign, provided that it proves before the INPI that it acts in the area of products or services that will be identified by the brand to be protected.
In the case of foreign holders, the person (natural or legal) is required to appoint and maintain an attorney in Brazil, with powers to represent him or her administratively and judicially.
Classification of Products and Services
It is the division of products and services into classes, according to their nature. The classification of products and services aims to simplify the examination of trademark applications.
Each trademark application can only claim protection for products or services of a single class. Thus, for products or services to be identified by the brand that fall into more than one class, as many registration requests as there are classes of interest will be necessary – that is, one order per class.
Nature of Brands
The nature of a brand concerns its origin and use. Regarding the origin, there are Brazilian brands and foreign brands. Regarding their use, the brands can be distinguished according to the table below:
Highly Renowned Brand
It is the brand that has great market penetration and a high degree of knowledge and prestige by the public, whether due to the recognized quality resulting from investments in research and technology, or due to its repeated use of the brand and investments in marketing and advertising. that allows the brand to extrapolate the sphere of consumer public from its original and main activity.
The trademark in Brazil considered to be highly renowned will be guaranteed special protection in all branches of activity.
Notoriously Known Brand
The brand notoriously known in its field of activity under the terms of Art. 6 bis of the Paris Union Convention for the protection of Industrial Property, enjoys special protection, regardless of whether it was previously deposited in Brazil.
Ways of Brand Presentation
Brands have different forms of presentation. They are not just names; not just figures. However, according to Brazilian law, you cannot protect signs that are not visually perceptible. Thus, a sound, or even an aroma, does not find legal support as a brand. The following is a table showing the main characteristics of each form of presentation: