Commercial slogans play a fundamental role in brand identity and differentiation in the market. However, there has always been uncertainty regarding the possibility of registering a slogan as a trademark in Brazil. With the update of the guidelines by the National Institute of Industrial Property (INPI), new rules have been established, bringing significant changes for entrepreneurs and legal professionals.
What Do the New INPI Guidelines Say About Slogan Registration?
Previously, INPI did not allow slogans to be registered as trademarks, as they were considered advertising expressions without a distinctive function. However, with the recent update of the guidelines, it is now possible to register slogans that have a distinctive character and are capable of identifying the origin of products or services.
According to the new rules, a slogan can be registered as a trademark if:
- It has distinctive capacity, meaning it is not just a generic or descriptive phrase.
- It serves a trademark function, directly identifying a product or service and differentiating it from competitors.
- It does not consist of common expressions or purely laudatory phrases within the sector.
Examples of Slogans That Can Be Registered
Slogans that directly reference the brand or product have a higher chance of being registered. For example:
- “Just Do It” (Nike)
- “I’m Lovin’ It” (McDonald’s)
- “Think Different” (Apple)
On the other hand, generic phrases such as “The best quality for you” or “Your best choice” are unlikely to be accepted, as they lack distinctive character.
How to Register a Slogan as a Trademark with INPI?
To register a slogan as a trademark in Brazil, follow these steps:
- Conduct a Prior Search – Before starting the process, it is essential to check whether the slogan has already been registered by another company.
- File the Registration Request – The application must be submitted on the INPI website, indicating the class of products or services to which the slogan is linked.
- Pay the Required Fee – INPI charges specific fees for the application and follow-up process.
- INPI Analysis – The institute will evaluate whether the slogan meets the criteria of distinctiveness and trademark function.
- Publication and Opposition – If preliminarily approved, the application will be published in the Industrial Property Gazette (RPI) for possible oppositions.
- Approval and Granting – If there are no objections or after resolving them, the registration will be granted.
Why Register a Commercial Slogan?
Registering a slogan as a trademark provides exclusive rights, preventing competitors from using the same or similar expressions. Some key advantages include:
- Legal Protection – Avoids unauthorized use by third parties.
- Brand Value Enhancement – Strengthens brand recognition and credibility.
- Competitive Differentiation – Helps distinguish a company from its market rivals.
- Monetization Possibilities – A registered slogan can be licensed or sold.
Common Mistakes When Registering a Slogan
- Choosing a Generic Phrase – If the slogan does not add a unique characteristic, it is unlikely to be accepted.
- Ignoring a Trademark Search – Without checking prior registrations, there is a risk of conflicts with existing trademarks.
- Incorrect Classification – Choosing the wrong product or service category can delay or hinder approval.
- Failure to Monitor the Process – Not following updates on the INPI website can result in missed deadlines or necessary responses.
Conclusion
With the change in INPI guidelines, registering slogans as trademarks has become a concrete possibility for companies looking to protect their identity in the market. However, it is crucial that the slogan has a distinctive character and meets the requirements established by the regulatory body.
If your company has a strong and recognizable slogan, it is worth considering registration to ensure exclusivity and prevent competitors from taking advantage of it. To increase the chances of approval, it is advisable to seek assistance from an intellectual property specialist.
Stay updated with INPI regulations and protect your brand effectively!
