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.