INPI will adopt registration of “slogans” as trademarks
Published by Guerra IP
As of November 27, 2024, the INPI will start accepting registration of slogans as trademarks, provided that they have a distinctive function, to wit, that they are original and have the function of identifying and distinguishing a product or service, as well as those that are accompanied by a trademark.
However, the INPI will continue to reject expressions that are incapable of performing a distinctive function, what according to the INPI occurs when:
- The advertising expression has become commonly used in the market segment;
- The advertising expression is exclusively descriptive, comparative, promotional or flattering; or
- The advertising expression lacks originality.
Since 1996 the INPI has been rejecting trademark applications that include expressions considered as slogans or advertising expressions, based on item VII of art. 124 of the Industrial Property Law (LPI 9272).
With the INPI new understanding, Brazil joins the majority of countries that already allow registration of slogans as trademarks.
This is an opportunity for companies to protect their slogans and advertising expressions as trademarks, since most companies use these elements as a marketing tool for promoting their products and services.
We recommend that you consider filing your marks that fall into this category, including those which had been previously rejected by the INPI, in order to safeguard your trademark rights.
Please contact us for more details.
Guerra IP
