TRADEMARKS

Mark, according to the Brazilian law, is every distinctive sign, visually perceptible, which identifies and distinguishes products and services from similar ones, as well as certifies their conformity with certain norms or technical specifications.

The expressive number of trademark filings that INPI receives every year shows that national businessmen have become aware of the importance of registering trademarks not only as a protection of its use but also as an asset with economic value. The registered trademark ensures to its owner the right of exclusive use, in its area of business, all over the country.
At the same time, its identification by the consumer may assure a solid market share, becoming a valuable asset to the company.


Concepts

Word mark: made-up only of words (letters or numbers) as long as those elements are not figuratively or metaphorically presented.

Figurative mark: made-up of pictures, shapes, drawings, image or any fantasized form of letter or number isolated.

Combined mark: combines both types of mark mentioned above, in a stylized way.
Tridimensional mark: made-up of the plastic shape of a product or package, being distinguishable for itself and not associated with a technical effect.

The Brazilian law also recognizes the ‘famous mark’, which is ‘a mark that is registered in Brazil and considered to be famous’. In this case, it shall be assured special protection in all branches of activity.


Trademarks, regarding their use, may be classified as:

Product or service mark: that used to differentiate a product or service from one having a different origin, that is identical, similar or akin.

Collective mark: that used to identify products or services originated by members of a given entity.

Certification mark: that used to attest that a product or service conforms with determined technical norms or specifications, notably with reference to its quality, its nature, the material used and the methodology employed; and


HOW TO REGISTER

In order to apply for the registration of a trademark, a request is submitted to the national institute of industrial property (INPI), which is a branch of the federal government. Your request will be examined by INPI, based on the rules as established by the industrial property law and other bylaws.

INPI is going to check the compulsory legal requirement of existing a compatibility of products/services requested with the ones manufactured/traded by the requester. The request may be denied or declared invalid.

Mastrorocco’s department of trademarks conducts a search for the desired mark before submitting a request to INPI. This procedure aims at verifying if the mark is already submitted or registered.