Registering a Slogan as a Trademark: What Changed at the INPI?

As of November 27, 2024, the Instituto Nacional da Propriedade Industrial (INPI, Brazil's National Institute of Industrial Property) began allowing the registration of trademarks that include slogans or advertising expressions, provided they show sufficient distinctiveness.

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What are slogans?

Slogans are short, impactful phrases that convey a brand's essence, values, or unique selling points in a memorable way. Well-known examples include:

"Gives You Wings" by Red Bull

"I'm Lovin' It" by McDonald's

"A Thousand and One Uses" by Bombril

What changed at the INPI?

Previously, the INPI did not allow the registration of expressions used solely for advertising purposes. Under the new interpretation, slogans that have distinctive character and originality can now be registered as trademarks. This means that phrases that identify and distinguish products or services in a unique way can now be legally protected.

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Why register your slogan?

Registering a slogan as a trademark provides legal protection against unauthorized use by third parties, strengthens your company's identity, and adds value to your business. It also prevents competitors from using similar phrases that could confuse consumers.

How to register your slogan?

To register your slogan as a trademark, you need to:

Check for distinctiveness: Make sure the slogan is original and not merely descriptive or generic.

Conduct a prior art search: Verify that the slogan has not already been registered by another company.

File the application with the INPI: Submit the registration request, providing all the necessary information.

Having the support of professionals specialized in intellectual property can facilitate the entire process and increase the chances of a successful registration.