Frequently Asked Questions
About trademark registration
A trademark is a distinctive sign that identifies and differentiates companies in the market, allowing consumers to associate them with the products and services offered. In Brazil, the Industrial Property Law ensures that trademarks can be registered, guaranteeing that no other company can use the same one, as well as providing protection against unfair competition.
Trademark registration guarantees exclusive use of the name and logo throughout the national territory in your field of activity. In addition to protecting against unfair competition, registration gives your company greater credibility and legal security for your clients.
A trademark registration is valid for 10 years from the date of grant, and the trademark owner may renew it every 10 years without any limit on the number of renewals.
One of the most frequent questions we receive is about patenting a trademark, and we need to clear up this confusion.
A trademark cannot be patented — it is registered. Patents apply to technological inventions and are used to protect an invention or technological improvement. For a trademark, what is done is its registration through the INPI, which guarantees exclusivity and legal support against plagiarism.
A trademark cannot be patented — it is registered. Patents apply to technological inventions and are used to protect an invention or technological improvement. For a trademark, what is done is its registration through the INPI, which guarantees exclusivity and legal support against plagiarism.
The registration must be submitted online through the INPI system. It will be filed after generating and paying the GRU (Federal Payment Form), and you must pay close attention to the fields regarding the owner, trademark class, activities, and visual elements. Additionally, a prior search is recommended to avoid wasting time and money trying to register an already existing trademark. If you want, you can check your trademark for free here.
Registering a trademark ensures exclusivity, protecting it from misuse by third parties. This guarantees your legal rights over your business identity, adds value to your brand, increases competitiveness in the market, and facilitates expansion. It also conveys credibility to consumers and partners and can even generate new sources of revenue through licensing.
About music registration
According to the INPI (National Institute of Industrial Property): “...a patent is a temporary property title over an invention or utility model, granted by the State to inventors, authors, or other individuals or legal entities holding rights over the creation. With this right, the inventor or patent holder has the right to prevent third parties, without their consent, from producing, using, offering for sale, selling, or importing a product covered by their patent and/or a process or product obtained directly through their patented process. In return, the inventor is obliged to fully disclose all technical details of the subject matter protected by the patent.”
According to Law 9.279 of 1996, to patent an invention, it must meet three basic requirements:
- Novelty requirement
- Inventive activity
- Industrial application
But note that it doesn't have to be a completely new invention — it's also possible to patent an improvement to an existing invention, even if it's not yours, as long as the improvement meets the three requirements mentioned above.
- Novelty requirement
- Inventive activity
- Industrial application
But note that it doesn't have to be a completely new invention — it's also possible to patent an improvement to an existing invention, even if it's not yours, as long as the improvement meets the three requirements mentioned above.
The patent granted to the author guarantees ownership of the invention, giving them the right to commercial exploitation and ensuring exclusive rights.
About patent registration
By registering, you guarantee recognition of your authorship, which ensures exclusive exploitation rights and prevents third parties from using it without proper credit.
Oh... copyright registration is not just for music — it also protects poems, books, paintings, photographs, and much more!
Oh... copyright registration is not just for music — it also protects poems, books, paintings, photographs, and much more!
To protect the authorship of your music, registration is done at the National Library or at the School of Music of the Federal University of Rio de Janeiro.
General questions
Direção Marcas e Patentes is a consultancy specialized in trademark and patent processes, including all administrative and judicial actions involving the field of Intellectual Property. Take advantage of the expertise of our professionals to request a free search for your trademark and protect your assets.
Through the INPI website, you can access the entire database to check registered trademarks. However, you must conduct the search carefully, as it is necessary to know the correct class and also check the logo.
The amount charged by Direção includes, in addition to trademark registration, the guarantee of the investment of the application (registration request).
