Registering a trademark is a key strategic step for any entrepreneur looking to establish a solid presence in the market. More than just a name or a logo, a trademark reflects the identity, reputation, and credibility of a product or service in the eyes of the public. However, many business owners postpone this protection – or overlook it entirely – and end up exposed to legal risks, financial losses, and even the loss of the right to use the name they worked so hard to build.

In this article, we’ll explain why trademark registration is important, how to go through the process correctly, and why having expert legal support can make all the difference.

Why register your trademark?

Having a well-known brand in the marketplace does not guarantee the legal right to exclusive use. In Brazil, trademark protection is only granted through official registration with the INPI – the National Institute of Industrial Property. Without this registration, any other business can attempt to register the same trademark – and if successful, they may even prevent the original user from continuing to use it informally.

Trademark registration offers a range of essential benefits for the safety and growth of your business:

• Exclusive use of the trademark throughout Brazil for the specific products or services, preventing competitors in the same field from using identical or similar names and symbols.
• Legal certainty for marketing investments and credibility for expansion strategies, including scaling operations, franchising, and raising capital.
• Valuation of an intangible asset, since a registered trademark can be appraised, licensed, franchised, or sold – and in some cases, its value can exceed the company’s physical assets.
• A solid legal foundation to stop third parties from using your brand, including through cease and desist notices, lawsuits, and claims for damages.

Moreover, in an increasingly competitive market, owning a registered trademark becomes a powerful differentiator. Registered brands inspire trust among consumers, investors, and partners – enhancing your reputation and unlocking new business opportunities.

Step-by-step guide to registering a trademark

Registering a trademark in Brazil involves technical and procedural steps that require careful attention. While the process can be completed by the brand owner, working with a specialized legal professional greatly increases your chances of success. Here’s a simplified overview of the process:

1. Preliminary search on the INPI database

Before submitting a trademark application, it’s essential to check the INPI’s public database to see whether the desired name or similar visual elements have already been registered or are under review in the same industry class. This step helps prevent your request from being denied and avoids potential legal disputes in the future.

2. Define the trademark type and classification

The trademark can be registered by an individual or a legal entity, provided there’s a connection between the applicant and the activity performed. You must also determine the correct product or service class under the Nice Classification, an international system that organizes economic activities into 45 classes. Choosing the wrong class can make the registration ineffective or vulnerable to cancellation.

3. Submit your application on the INPI website

Once the information is ready, you must submit your application via the e-Marcas system on the INPI website. The form requires details such as applicant information; type and representation of the trademark; description of the related products or services; and appropriate class under the Nice Classification.

4. Pay the government fee (GRU)

To formalize the request, you must generate and pay a GRU – Guia de Recolhimento da União, which is the government fee for filing. Costs vary depending on the company size and whether expedited processing is requested.

5. Monitor the application process

After submission, the application goes through a formal and substantive review. If there are no errors or objections, the INPI will publish the application in the Industrial Property Gazette (RPI), allowing 60 days for third parties to file oppositions. If opposition occurs, the applicant can respond with a defense. After this period, the INPI will either approve or reject the application. If granted, you must pay an additional fee to obtain the official certificate of registration. If rejected, you may appeal within the legal deadline.

6. Validity and renewal

Once granted, a trademark registration is valid for ten years from the date of approval and can be renewed indefinitely for additional ten-year periods. The trademark owner must file for renewal during the final year of validity or within six months after the expiration date, with a late fee. Missing this deadline may result in the loss of rights.

Key actions to avoid losing your trademark

Many business owners believe the process ends once the trademark is approved – but active management is crucial to maintain your exclusive rights. Below are the main precautions:

• Actual use of the trademark: If your brand isn’t used commercially for five consecutive years, it may be subject to cancellation due to non-use.
• Third-party monitoring: It’s essential to regularly check the INPI Gazette for similar applications that could lead to confusion or unfair competition – and file an opposition if necessary.
• Updating registration details: Changes in address, company name, or ownership must be communicated to the INPI via official petitions. Failure to do so may invalidate your registration or cause delays in enforcement.
• Timely renewal: Trademarks expire every ten years and must be renewed within the prescribed timeframe to remain valid. There is an additional six-month grace period after expiration, subject to a late renewal fee.
• International protection: Businesses planning to operate abroad should consider international trademark protection through systems like the Madrid Protocol, which allows centralized applications in multiple countries.

Famous trademark disputes

Neglecting to register – or failing to properly protect – a trademark can have serious consequences for businesses of all sizes. Even well-known brands have faced legal disputes and restrictions on using their own names due to flaws in their protection strategy.

A notable case in Brazil involves the rock band Legião Urbana. After the death of lead singer Renato Russo, band members Dado Villa-Lobos and Marcelo Bonfá were blocked from using the band’s name on tour because the trademark was owned by a separate entity. The resulting legal battle highlighted how unclear ownership can restrict brand use – even when the creators are directly associated with it.

Another well-known example is Gradiente, a Brazilian electronics company that lost the right to the name “iPhone” because it didn’t properly contest Apple’s application. Despite having filed first, Gradiente’s lack of action weakened its legal position, allowing Apple to use the name freely in Brazil.

Even celebrities can be caught off guard. In the United States, Taylor Swift faced legal action from Evermore Theme Park, which alleged that the artist’s album title created confusion and hurt the park’s image. Although the case was eventually dropped, it underscores the potential for conflicts over trademark use.

In the cosmetics industry, Huda Beauty faced challenges in global expansion because it failed to register its trademark in key international markets. This allowed third parties to register similar or identical names, leading to delays, additional costs, and legal disputes that could have been avoided with proper planning.

These examples make one thing clear: brand protection must be proactive, not reactive. Ongoing management and legal support help prevent conflicts, ensure proper classification, and uphold the brand’s integrity in the marketplace.

The importance of expert legal support in trademark registration

Protecting your brand identity is one of the smartest decisions a business owner can make. Trademark registration is not just a formality – it’s a strategic investment in the longevity, credibility, and security of your company.

For this reason, it’s strongly recommended that you work with an experienced legal team. The right legal guidance can help you avoid costly mistakes, speed up the process, and provide peace of mind. Ricci Intellectual Property offers expert support tailored to your business, helping you identify the best practices for trademark protection and ensuring your brand is secure – right from the start and for the long term.