Introduction
Registering a trademark with INPI (National Institute of Industrial Property) in Brazil is a crucial step in securing your brand’s exclusivity. However, many entrepreneurs worry about how to protect their brand before the official registration is granted, as the process can take months or even years. In this article, we will explore strategies to protect your brand while waiting for INPI approval.
1. Why Is It Important to Protect Your Brand Before Registration?
Even though a trademark is only fully protected after registration, businesses often start using their brand names, logos, and slogans long before the registration process is completed. Without protection, competitors or opportunists might:
🔹 Copy your brand and attempt to register it before you.
🔹 Claim that you are infringing on their name, creating legal issues.
🔹 Damage your brand’s reputation by using a similar name with low-quality products or services.
Taking preventive actions can help you establish your ownership and reduce risks.
2. Strategies to Protect Your Brand Before Registration
2.1. Conduct a Trademark Availability Search
Before using a brand name, check if it is already registered by another company. You can do this by:
✅ Using INPI’s free search tool to check registered trademarks.
✅ Searching for similar names on Google, social media, and business directories.
✅ Checking domain name availability to secure your online presence.
A thorough search reduces the risk of legal conflicts.
2.2. Use the Brand in Commerce
One of the best ways to establish ownership of a brand is to start using it as soon as possible. Brazilian trademark law recognizes prior use as an important factor in trademark disputes.
🔹 Print business cards, packaging, and promotional materials.
🔹 Use the brand on your website, e-commerce store, and social media.
🔹 Keep proof of sales, advertisements, and invoices that mention the brand.
Having documented proof of use strengthens your claim if legal issues arise.
2.3. Secure a Domain Name and Social Media Handles
Even before your brand is officially registered, buy the domain name (e.g., www.yourbrand.com.br) and create social media accounts. This prevents others from taking these assets and helps establish your brand presence.
✅ Register .com.br and international domains (.com) if relevant.
✅ Create official profiles on Instagram, Facebook, LinkedIn, and YouTube.
✅ Use your brand name consistently across all platforms.
2.4. Use the ™ Symbol
In Brazil, the ™ (Trademark) symbol is not legally required, but it signals that you consider the brand your property. While only registered trademarks can use the ® symbol, adding ™ to your logo and brand materials can:
🔹 Discourage copycats from trying to use your name.
🔹 Show that you intend to register the brand.
🔹 Strengthen your position in potential disputes.
2.5. Sign Non-Disclosure Agreements (NDAs)
If you are discussing your brand, products, or business ideas with partners, suppliers, or investors, make them sign an NDA (Non-Disclosure Agreement). This legal document prevents them from:
✅ Using your brand or idea without permission.
✅ Registering your trademark before you do.
✅ Sharing your branding strategies with competitors.
Having a signed NDA gives you legal protection in case of disputes.
2.6. Consider a Copyright Registration
Although trademark registration is the ideal form of protection, logos, slogans, and visual elements of your brand may also be eligible for copyright protection.
🔹 Register your logo and visual identity with the National Library or copyright offices.
🔹 Keep records of graphic design files and brand concepts.
🔹 This won’t replace trademark rights but can help in legal cases.
3. What to Do If Someone Tries to Register Your Brand Before You?
If someone applies for your brand name at INPI before you, take these steps:
✅ Check the application status in the INPI database.
✅ File an opposition request if the trademark has not yet been granted.
✅ Gather evidence of prior use (e.g., invoices, social media posts, website data).
✅ Consult an intellectual property lawyer to explore legal options.
Conclusion
Waiting for a trademark registration to be approved does not mean your brand is unprotected. By taking strategic actions such as securing domains, using NDAs, and proving commercial use, you can reduce risks and establish brand ownership before INPI grants the official registration. Protecting your brand early is essential to avoid future legal problems and ensure your business’s long-term success.
