It is necessary to apply for registration to the INPI (National Institute of Industrial Property), accompanied by the necessary documents of the image of interest. The process can be carried out by the interested party or by specialized companies. In this case our Office.

Once the application for registration is published, there is a period in which your application can be “opposed”, for a period of 60 days. Receiving opposition, it is necessary to make a manifestation (defense) for the process to move forward. For this, it is necessary to pay the fee (GRU) to the INPI, in addition to negotiating the fees with the office that will make the aforementioned manifestation.

Any symbol used to identify a product or service can be registered as a brand, as long as its characteristics are distinguished from similar ones in the same segment. And it cannot be contrary to the law where it may harm morals and good customs. The legislation says that only visually perceptible signs are registrable as a trademark.

The registered trademark guarantees exclusive use throughout Brazil during a 10-year cycle. But, in the ninth year, the extension opens again for a new ten-year cycle. Where the proprietor must renew, paying another fee (GRU) to keep the trademark under registration.

Although seen as a cost, trademark registration is actually an investment that the entrepreneur makes. The registration request needs payment of the fee in order to be made. Companies such as EPP, ME, MEI and non-profit entities and individuals can enjoy a rate reduction of up to 60%.

If our office is hired to perform the registration service, our fees must also be considered.

In addition to adding much more trust and credibility to your business, there are advantages for those who register your brand:

Offensive – The owner prevents third parties from using his trademark without authorization;
Defensive – The holder can take legal action against that company that uses its trademark improperly;
Revenue generation – The holder will be able to increase their income through licensing royalties, franchising or sale of the brand.

The INPI requires that whoever is going to register the trademark lawfully performs the corresponding activity. The activity specification is described in the company\’s articles of association, which facilitates the process for legal entities.

In the case of individuals (engineers, architects, lawyers, accountants, etc.), a document proving their activity issued by class entities is required.

It is possible to obtain ownership of a trademark from any natural person who carries out an activity lawfully.

The INPI requires that whoever is going to register the trademark lawfully performs the corresponding activity. The activity specification is described in the company\’s articles of association, which facilitates the process for legal entities.

In the case of individuals (engineers, architects, lawyers, accountants, etc.), a document proving their activity issued by class entities is required.

It is possible to obtain ownership of a trademark from any natural person who carries out an activity lawfully.

After the trademark registration request has been made, the transfer may be requested at any time. A petition must be made to the INPI along with the documents necessary to carry out the transfer.

When the rejection is published, there is a deadline for appeal for a period of 60 days. It is necessary to make the appeal so that your process is analyzed by the technician and possibly such a negative result can be modified. For this, it is necessary to pay the fee (GRU) to the INPI, in addition to negotiating the fees with the office that will make the aforementioned manifestation.

Not. They are different subjects that have different purposes. To be the owner of the brand, only through the registration process, which takes on average up to 12 months to be judged by the INPI. This is if there is no opposition during the initial process. Nor be rejected when analyzed by the technician at the end of the process.