Do you know the difference between business name, establishment title and brand? And the importance of registering your brand?
Business name, called corporate name until 2002 (by the former Civil Code) is the firm or denomination used to carry out the company's activity. It usually appears in the header of the invoice or invoice.
The title of the establishment is also known as a trade name. It is the way the public knows the company.
The brand, on the other hand, is a sign, a kind of visually perceptible “symbol”, which identifies and distinguishes products and services from others existing for the same branch of activity.
How important is a brand to a company?
It is one of the most important assets of a company.
It can generate profit through its commercial exploitation (eg licenses and franchises).
It is the brand that identifies your product or service, making it a reference for consumers.
What is the importance of registering a trademark?
The registered trademark guarantees its owner the exclusive right to use it throughout the national territory, for the branch of activity in which it was requested.
Your protection can be extended to other countries.
Ensures protection against competition.
What if I don't register?
Trademark registration is granted to the first applicant. Therefore, if the trademark is not researched – for the purpose of ascertaining any previous colliding trademark – and is used without registration, there is a risk of suffering from lawsuits for the unauthorized use of a third-party trademark, in addition to the payment of indemnities and the need to change the identity already adopted by the company.
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In a recent decision, the Third Panel of the Superior Court of Justice (STJ) upheld the extrajudicial exclusion of a partner based on a private instrument signed by all members of the company, even without registration with the Board of Trade.[1]
In the case under review, after the company's formation and registration, the partners signed a document called a "statute," [...]
The Supreme Federal Court (STF) has decided to suspend, nationwide, all legal proceedings that question the legality of service provision contracts, commonly known as “pejotização”. The decision, issued by Justice Gilmar Mendes, aims to standardize the interpretation on the matter and ensure legal certainty. The STF recognized the general repercussion of the issue when it […]
Uma importante decisão proferida recentemente pelo Supremo Tribunal Federal (STF), a partir de atuação da equipe trabalhista Cesar Peres Dulac Müller Advogados, trouxe novamente à tona a relevância da observância aos precedentes vinculantes da Corte em matéria trabalhista, especialmente quanto à licitude de formas alternativas de contratação, como a prestação de serviços por pessoa jurídica — prática […]
The annual holding of the Ordinary General Meeting (OGM) for the accountability of the administrators is a legal requirement provided for in Law No. 6,404/1976 (Brazilian Corporations Law), specifically in Articles 132 and following. This provision establishes that the OGM must take place within the first four (4) months following the end of the fiscal year, usually by […]
The Full Bench of the Superior Labor Court, in a session held this Monday (24), established legal theses on new topics, as part of a procedure to reaffirm its jurisprudence. These are matters that, as they are already settled, were submitted to the repetitive appeals procedure to define a binding legal thesis. The establishment of qualified precedents has a direct impact […]
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