Legal entities with a compatible activity in their corporate purpose with the trademark they intend to register or individuals who operate in the market where they want to register the trademark.

Once the trademark is filed, it cannot be altered, and a new trademark filing is necessary. The INPI (National Institute of Industrial Property) protects consumers and trademark holders. Allowing changes to the logo during the registration process could compromise this protection.

When someone requests trademark registration, it is advisable to search the INPI database to verify whether the desired trademark can be registered. This search considers not only the name but also the entire visual set of the trademark, avoiding major issues of collision or the need for adaptation.

The time required to register a trademark with the INPI can vary significantly, depending on several factors, such as the complexity of the application and the workload of the National Institute of Industrial Property (INPI). On average, the process takes about 12 to 18 months for applications that do not face opposition. However, if additional documents are needed or if there is third-party opposition to the registration, the time can extend to up to 3 years.

Yes, a trademark can be transferred from one company to another at any time if the company receiving the trademark engages in activities related to those for which the trademark was originally registered.

The transfer must be formalized through a contract and reported to the INPI during the trademark registration.

A trademark can be granted for a product or a service as long as it has the power to distinguish it from other similar or related products or services. Visual signs are registrable as trademarks. Therefore, Brazilian law does not allow the registration of sound, taste, and olfactory signs as trademarks.

A registered trademark guarantees ownership and exclusive use throughout the national territory for ten years. The holder must keep it in use and renew it every ten years.

The trademark registration is valid for ten years from the grant date and renewable for equal and successive periods. The renewal request must be made with payment during the last year of the registration's validity.

Anyone who, in good faith, has been using an identical or similar trademark in the country for at least six months for the same or related activity may claim the right of precedence for registration.

Intellectual Property (IP) covers various types of creations of the mind, such as inventions, literary and artistic works, designs and symbols, names, and images used in commerce.

The main types of intellectual property are:

1. Patents
2. Copyrights
3. Trademarks
4. Industrial Designs
5. Trade Secrets
6. Geographical Indications

Proper protection of each type of intellectual property is essential to encourage innovation, creativity, and fair competition in the market.

Learn more about intellectual property.

A trademark is a recognizable sign, design, or expression that identifies products or services from a specific source and distinguishes them from others. Trademarks include words, logos, symbols, slogans, sounds, colors, and smells.

Why is protection (registration) important?

• Brand Identity: Trademarks differentiate your products or services from competitors, establishing your brand's unique identity in the market.
• Consumer Recognition: They help consumers identify and choose your products or services, contributing to brand loyalty and trust.
• Asset Value: A strong trademark can become valuable over time, significantly contributing to your business's total value.
• Market Position: Protecting your trademark helps maintain your market position, preventing competitors from exploiting your brand's reputation and goodwill.

Trademark Registration: Registering your trademark with the INPI guarantees legal protection against unauthorized use by third parties. Therefore, you might take legal action to prevent others from using your trademark or a similar mark, which might need to be clarified for consumers.

• Exclusive Rights: Owning a registered trademark grants the exclusive right to use the mark concerning your goods or services and the ability to license or sell the trademark.

Protecting a trademark is crucial to maintaining your brand's integrity, ensuring customer loyalty, and safeguarding your business's intellectual property rights.

In summary, the trademark registration process includes the following steps:

1. Preparation and Preliminary Research.
2. Payment of official fee.
3. Filing the Application.
4. Formal examination.
5. Publication in the RPI (Industrial Property Gazette).
6. Period for third-party opposition.
7. Applicant's response (if there is opposition).
8. Substantive examination.
9. Approval or Rejection of the application.
10. Payment of the Grant Fee or period for filing an appeal.
11. Grant of the trademark registration for 10 years and issuance of the Registration Certificate.
12. Renewal of the Registration.

The total time required to register a trademark with the INPI can vary widely, typically taking 1 to 3 years or more, depending on the case's complexity, the existence of oppositions, and the INPI's administrative routine.