In today’s competitive environment, a brand is one of the most significant intangible assets of a company, as it not only differentiates the business in the market but also represents the organization’s identity, reputation, and value. Therefore, ensuring the legal protection of the brand through its registration is essential to guarantee exclusivity and avoid legal disputes.
In this article, we will discuss the trademark registration process, its importance for businesses, and the risks of not registering a trademark.
The trademark registration process
Trademark registration in Brazil is managed by the National Institute of Industrial Property (INPI), a process that may seem straightforward but requires attention to several critical stages, from the prior search to obtaining the registration certificate.
The first step is the prior search, which aims to verify whether a similar trademark is already registered or in the process of registration. Failing to conduct this search could result in the rejection of the application or, in more serious cases, opposition actions from third parties.
After the search, the application is filed with the INPI, followed by a formal and substantive examination period, where the agency evaluates whether the trademark meets the legal requirements. During this period, third parties may present oppositions, challenging the registration based on prior rights. If everything is in order, the INPI will grant the registration, which must be renewed every 10 years.
In international cases, the Madrid Protocol facilitates simultaneous registration in several countries. BNS Advogados specializes in international trademark protection, guiding clients on the best way to ensure protection outside of Brazil.
Risks of not registering a trademark
Failing to register a trademark can pose significant risks to businesses, with the most immediate being the loss of exclusivity in the use of the trademark, which may lead to conflicts with other registrations of similar trademarks. Additionally, it prevents the company from fully exercising its rights to prevent unauthorized use of its brand by third parties.
Businesses that do not register their trademarks become vulnerable to competitors who may appropriate their name or visual identity, damaging their reputation and causing market confusion. In extreme cases, the lack of registration may result in market share loss or lawsuits from companies that inadvertently registered similar trademarks.
Protection against unauthorized use
Once registered, the trademark benefits from legal protection that allows the company to take action against unauthorized use. The most common strategies include sending extrajudicial notices demanding the cessation of improper use and, if necessary, filing lawsuits for damages and the imposition of penalties.
BNS Law assists companies in protecting their trademarks, offering a comprehensive service that includes everything from initial registration to defense in cases of disputes involving unauthorized use of trademarks. Our team of experts guides clients on best practices for monitoring and defense, ensuring their trademarks are always protected and secure.
Talk to our specialists. Learn more about the importance of trademark monitoring.