How to register your trademark

In our previous publication, we explained the difference between business name, establishment title and brand, showing that, despite the similarity between these concepts, they are completely different.

Today we are going to talk about how and who can register a trademark.

Depending on the technical knowledge of the person performing this task, the trademark application may seem simple or quite complicated. Therefore, it is always interesting to count on the support of a professional who will be able to clarify all your doubts.

In summary, any person, individual or legal entity, who directly or indirectly carries out an activity related to the product or service that is intended to be protected, may apply for registration with the National Institute of Industrial Property - INPI.

A visual signal formed by a word can be registered as a brand; word plus image or symbol, image or symbol in itself or even a three-dimensional form (format of a package, for example), as long as it is possible to differentiate them from others existing in the same segment.

An extremely important tip is to perform a prior art search. Thus, it is possible to verify if the mark has chances of being granted. With this, you avoid unnecessary expenses by investing in a brand that, for example, is identical to another company that operates in the same segment as yours.

Source: Vanessa Pereira Oliveira Soares, attorney at Cesar Peres Dulac Müller, specializes in Intellectual Property Law.

Return

Recent posts

The STJ decides that stock options (option to purchase shares or quotas) cannot be seized.

On November 5th, the 3rd Panel of the Superior Court of Justice ruled, through the judgment of REsp 1841466[1], under the rapporteurship of Minister Ricardo Villas Bôas Cueva, on the impossibility of seizing stock options. The case focused on the possibility of a third party exercising the right to purchase shares in […]

Governance in family businesses: essential structures and instruments

Corporate governance in family businesses has been gaining increasing relevance in the Brazilian business landscape, where approximately 90% of companies are family-controlled. The lack of adequate planning for business succession and the difficulty in maintaining harmony in family relationships often lead to the company’s failure […]

Resolution No. 586/2024 of the CNJ and the Future of Agreements in Labor Justice

On 09/30/2024, the National Council of Justice (CNJ) unanimously approved Resolution No. 586 through Normative Act 0005870-16.2024.2.00.0000, which regulates the agreement between employee and employer in the termination of the employment contract, through approval by the Labor Justice system, with full settlement of the contract. In other words, […]

The Legitimacy of Associations and Foundations to Request Judicial Reorganization and the New Stance of the STJ.

At the beginning of October, the 3rd Panel of the STJ, by majority vote, issued a decision in four special appeals (REsp 2.026.250, REsp 2.036.410, REsp 2.038.048, and REsp 2.155.284), ruling against the active legitimacy of nonprofit foundations to request Judicial Reorganization. This unprecedented decision appears, at first glance, […]

Government of RS Establishes Recovery Program II: Installment Plan for Companies Under Bankruptcy Protection

The Government of the State of Rio Grande do Sul has instituted the Recovery Program II through Decree No. 57,884 of October 22, 2024, with the objective of allowing the installment of tax and non-tax debts for entrepreneurs or business entities under bankruptcy protection, including taxpayers whose bankruptcy […]

Renegotiation of BRL 60 Billion in Debt for Companies Under Bankruptcy Protection Regularized by PGFN

With information from Valor Econômico newspaper. Original article link: http://glo.bo/3NOicuU Since 2020, the Office of the Attorney General of the National Treasury (PGFN) has been advancing negotiations to regularize debts of companies under bankruptcy protection, resulting in the renegotiation of approximately BRL 60 billion. The number of regularized companies has tripled, reaching 30% of cases, thanks to a more collaborative approach from the […]

CPDMA BLOG

How to register your trademark

contents

Recent posts