With the rise of entrepreneurship this question certainly comes more to the minds of entrepreneurs. Why should I apply to register a trademark in Brazil?
After all, the name of your business is very important and is also responsible for its success in Brazil and in other countries.
The name of the products or the company seduces and conquers your client, the buyer of your product or service!
It seduces so much that many are still in our heads in our daily lives, even if we stop consuming them.
So how to do this with your brand name?
The name of your business, of your brand, is legally known as a trademark.
The Trademark
A trademark then is any name or symbol that has a distinctive sign whose main functions are to identify the origin and distinguish products or services from others that are identical, similar or akin of diverse origin.
This distinction is what makes the product or service differentiated one from another by its customer. Isn’t it wonderful?
Isn’t it wonderful that you have a store, a product, an office that is a reference for a consumer and that no one else can use the same name?
What do you mean?
How to choose my trademark?
Here’s a tip!
Before you choose your business name, please do a search on google, on bling, on baidu, wherever else you want. Then go to the social networks you use and search again. Also do it at the INPI (Instituto Nacional da Propriedade Intelectual) site in the search field. At INPI too because, believe me! Many companies, businesses, and products are registered but still totally outside the reality of social networks.
Why should I do this?
The legal protection of the trademark
The trademark registration at the INPI guarantees the use of the trademark throughout the Brazilian territory. So, if you have a trademark from other country and you will begin to work in Brazil, you need to register you trademark in Brazil.
It guarantees that no one else will use your trademark name in a business other than yours.
But, please, be aware of the INPI registration!
Because who registers the trademark at the INPI, is the owner of it, is the one who has the right to use it and who can assign it to another, if so desired, for a determined period of time.
I explain below:
The trademark registration in Brazil
You should always register your trademark in Brazil.
However, be aware of your areas of activity! At the INPI you register by sectors in which your business operates.
For example: a food manufacturer that has an e-commerce (an online store). This manufacturer must register as a producer of the food and as a store, if you do not want to see another person in Brazil register the same trademark in another sector in which you also operate!
First of all you must register in the INPI system, then print the GRU (Federal Tax Payment Form) and then you must petition.
Attention, this is not a job for those who do not know how! Consult the professional you trust to indicate who can do it for you. And if you need me, just get in touch!
The trademark registration process in Brazil takes about 13 months.
Differences between trademark and domain in Brazil
Many people make the biggest confusion in relation to the INPI registry and registro.br
THEY HAVE NOTHING TO DO WITH EACH OTHER IN BRAZIL!
The INPI is the agency responsible for registering your trademark.
Registro.br is responsible for the domains (everything you need to know about domains) on the Internet. Is it the only one in Brazil? No, we have other companies.
I mean then that when you choose your trademark, after the registration is granted by the INPI, you should run and register the .com.br domain of your trademark, before someone else does it.
It can also happen that you register a trademark at the INPI and then find out that someone else has your trademark domain!
Now what?
Try contacting them to see if they will sell it to you or wait for the deadline to see what the person will do with the .com.br domain without having the business set up.
It happened to me! I waited, waited 1 year, and the domain was free!
Did you understand then the importance of having the name of your business registered?
Because you deserve to have fame, to be recognized for your work all over Brazil! Because you deserve to become a reference in your field.
If you need to talk to me about this subject, send an email to contact@anainternationallawyer.com.br
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