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.
In recent weeks, news has been circulating on legal websites that the Federal Court has annulled a registration for the "CHEVETTE DRINK" trademark. The registration, with a nominative presentation, was considered annullable for infringing article 124, item VI, of the Industrial Property Law (LPI), which prohibits the registration of signs of a generic nature, commonly used for [...]
Large and medium-sized companies [1] across the country will have until May 30, 2024 to voluntarily register with the Electronic Judicial Domicile, a tool of the Justice 4.0 Program that centralizes information and communications about cases in Brazilian courts. After this deadline, registration will be compulsory, starting [...]
There has been speculation over the last few days as to whether the instability of the social networks Instagram and Facebook is a result of the court decision handed down by the São Paulo Court of Justice (TJSP), which ordered Meta Platforms, INC., which owns the platforms, to refrain from using the 'META' trademark, first registered in Brazil by the company Meta Serviços [...].
On February 14, the newspaper "Valor Econômico" published an article in which it was pointed out that the São Paulo Court of Justice had recognized unfair competition in the improper use of a trademark by a former partner. The article, however, does not give the number of the case in which it would be possible to analyze more details of the decision, but it does inform that the individuals had signed a [...]
The General Personal Data Protection Law - Law No. 13,709/18 (LGPD) was published in 2018 and came into force in 2020. This deadline was given to public and private legal entities (processing agents) that collect, store or process the personal data of individuals, in Brazil or abroad, in order to [...]
Recently, the Federal Supreme Court (STF) unanimously ruled that unions can collect an assistance contribution, including from non-member employees, in ARE 1.18.459 (Topic 935 of the General Repercussion), as long as the worker is guaranteed the right to object, establishing the following thesis: "it is constitutional to establish, by agreement or [...]
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