Introduction
A product name is a key part of branding, helping businesses establish market recognition and customer trust. However, without official trademark registration, competitors may copy or legally claim your product name, leading to financial and legal risks.
In Brazil, registering a product name as a trademark through INPI (Instituto Nacional da Propriedade Industrial) ensures exclusive rights and legal protection. This article explains how to trademark a product name in Brazil, avoid legal issues, and strengthen brand security.
1. Why Should You Register a Product Name as a Trademark?
✅ Prevents Imitation – Competitors cannot legally copy your product name.
✅ Grants Exclusive Rights – You gain legal ownership over the name.
✅ Protects Against Trademark Disputes – Ensures no one else can claim your product name.
✅ Increases Brand Value – A trademarked product name can be licensed or sold.
📌 Example:
- If Coca-Cola had not trademarked “Fanta®”, another company could legally produce beverages under that name.
- If a Brazilian business launches “BioEnergy Drink” without registering it, a competitor can register the name first and take ownership.
2. What Types of Product Names Can Be Trademarked?
To qualify for INPI registration, a product name must be:
✅ Unique and Distinctive – It cannot be generic or descriptive.
✅ Not Similar to Existing Trademarks – The name must be original.
✅ Not a Common Industry Term – It cannot be a widely used category name.
🚨 Examples of Product Names That Would Be Rejected:
- “Organic Honey” for a honey brand (too generic).
- “Fast Delivery” for a logistics company (descriptive).
✅ Examples of Trademarkable Product Names:
- Red Bull® (Energy Drink).
- Oreo® (Cookies).
- Samsung Galaxy® (Smartphone Line).
3. Step-by-Step Guide to Trademarking a Product Name in Brazil
Step 1: Check If the Product Name Is Available
Before applying, search for similar trademarks in INPI’s database.
🔍 How to Check for Existing Product Names:
1️⃣ Visit www.inpi.gov.br.
2️⃣ Access the trademark search tool.
3️⃣ Look for similar product names in the same industry.
🚨 If a Similar Trademark Exists:
- Modify your product name before applying.
- Consult a trademark specialist to assess risks.
Step 2: Select the Correct Trademark Classification
Product names must be registered under the correct industry category.
📌 Common Trademark Classes for Product Names:
- Class 05 – Pharmaceuticals and dietary supplements.
- Class 25 – Clothing, footwear, and accessories.
- Class 30 – Food products, snacks, and beverages.
✅ Tip: If the product is used in multiple industries, register it under multiple classes.
Step 3: File the Trademark Application with INPI
1️⃣ Access INPI’s online system.
2️⃣ Fill out the application, providing:
- The exact product name.
- The industry classification.
- The business owner’s CPF/CNPJ.
3️⃣ Pay the application fee and submit the request.
📌 Processing Time: 12-24 months for approval.
Step 4: Monitor the Opposition Period
- After submission, the application is published in the INPI Gazette (RPI).
- Competitors have 60 days to file opposition requests.
🚨 If Opposed:
- Submit a legal defense proving your right to the product name.
Step 5: Receive the Trademark Registration Certificate
- If no opposition is raised, INPI approves the trademark.
- You receive a registration certificate, valid for 10 years, renewable.
✅ The product name can now display the ® symbol to indicate legal protection.
4. How to Protect a Product Name in Digital and Retail Markets?
4.1 Secure the Product Name in Online Platforms
✅ Register matching domain names (e.g., “www.productname.com.br”).
✅ Use the product name consistently in marketing materials.
✅ Monitor online use to detect unauthorized copies.
4.2 Enforce Trademark Rights Against Imitators
🚨 Step 1: Send a Cease-and-Desist Letter
- If a competitor uses your product name, demand immediate removal.
🚨 Step 2: File a Trademark Infringement Complaint
- Report violations to INPI or Brazilian courts.
🚨 Step 3: Take Action Against Counterfeit Products
- If counterfeit products appear under your name, request an investigation.
5. Common Mistakes to Avoid
❌ Choosing a Generic Product Name – INPI rejects common terms.
❌ Not Monitoring Unauthorized Use – Competitors may copy the name without permission.
❌ Forgetting to Renew the Trademark – A forgotten renewal can result in loss of ownership.
Conclusion
Registering a product name as a trademark in Brazil is essential for legal exclusivity and brand protection.
✅ Verify the product name’s availability before applying.
✅ Use the product name consistently to strengthen brand identity.
✅ Monitor and enforce trademark rights to prevent unauthorized use.
By following these steps, businesses can secure product identity, avoid legal risks, and protect their market presence.
