Introduction
Some trademarks are so widely recognized and influential that they receive special legal protection beyond standard trademark rights. In Brazil, these trademarks fall into two categories:
- Well-Known Trademarks (Marca de Alto Renome) – Recognized by the general public across multiple industries.
- Notoriously Known Trademarks (Marca Notoriamente Conhecida) – Recognized within a specific industry, even without registration in Brazil.
These trademarks enjoy stronger legal protection, preventing competitors from using similar names or logos—even in different business sectors.
In this article, we will explore what well-known and notoriously known trademarks are, their legal advantages, and how businesses can protect them in Brazil.
1. What Is a Well-Known Trademark (Marca de Alto Renome)?
A well-known trademark is a highly recognizable brand that receives exclusive protection across all industries in Brazil. This means that no other company, regardless of its industry, can use a similar name or logo.
✅ Legal Benefits of Well-Known Trademarks:
- Nationwide protection – No one can register a similar name in any industry.
- Stronger legal claims – Infringement cases are easier to win in court.
- Higher brand value – Increases the company’s market worth and credibility.
📌 Example of Well-Known Trademarks in Brazil:
- Nike® – Cannot be used for clothing, food, or software by any competitor.
- Coca-Cola® – Even an unrelated company cannot use the name Coca-Cola.
- Apple® – The brand name is protected beyond electronics.
🚨 Key Requirement: The brand must be widely recognized by the general public in Brazil.
2. What Is a Notoriously Known Trademark (Marca Notoriamente Conhecida)?
A notoriously known trademark is a brand that is famous within a specific industry, even if it has not been registered in Brazil. This status is based on international agreements, including the Paris Convention.
✅ Legal Benefits of Notoriously Known Trademarks:
- Protected even without registration in Brazil.
- Prevents unauthorized use within the same industry.
- Stronger defense against trademark disputes.
📌 Example of Notoriously Known Trademarks:
- McDonald’s® – Even if unregistered in Brazil, no restaurant can use the name.
- Google® – Cannot be used by a competitor in the technology sector.
📌 Key Difference from Well-Known Trademarks:
- Well-Known Trademarks (Alto Renome) require INPI recognition and protect the brand in all industries.
- Notoriously Known Trademarks (Notoriamente Conhecida) are automatically protected but only within their industry.
3. How to Apply for Well-Known Trademark Status in Brazil?
Step 1: File a Request with INPI
✅ Eligibility Requirement: The trademark must already be registered in Brazil.
📌 Required Documents:
1️⃣ Market Research Reports – Surveys proving that consumers recognize the brand nationwide.
2️⃣ Sales and Financial Data – Evidence of strong market presence in Brazil.
3️⃣ Advertising Materials – Campaigns that show the brand’s high visibility.
4️⃣ Legal Precedents – If the brand has won previous trademark disputes.
Step 2: INPI Examination
- INPI analyzes the application, considering brand recognition, reputation, and impact.
- The process can take several months to a year.
Step 3: Approval and Special Protection
- If approved, the trademark is protected across all industries, preventing unauthorized use in unrelated business areas.
✅ Example: If Nike® is recognized as a Well-Known Trademark, no company can launch Nike Restaurants or Nike Airlines in Brazil.
4. What Happens If Someone Tries to Register a Well-Known or Notoriously Known Trademark?
🚨 If an Unauthorized Business Tries to Register a Similar Trademark:
- The original trademark owner can file an opposition with INPI.
- If the case reaches court, the judge almost always favors the well-known brand.
🚨 If a Business Uses a Well-Known Trademark Without Permission:
- The trademark owner can demand immediate removal.
- The company using the name may face financial penalties.
✅ Example Case in Brazil:
- A local clothing company tried to register McDonald’s Jeans but was blocked by McDonald’s® lawyers.
5. Why Does Well-Known Trademark Status Matter?
✅ Prevents Brand Theft – No business can register or use a similar name.
✅ Expands Legal Protection – Ensures nationwide exclusivity.
✅ Strengthens Business Value – A well-known brand has higher market worth.
6. Common Mistakes to Avoid
❌ Assuming a Famous Brand Is Automatically Protected – Well-Known Status requires an official INPI application.
❌ Not Renewing the Trademark – Even well-known trademarks must be renewed every 10 years.
❌ Ignoring Infringements – Failing to act against unauthorized use weakens brand protection.
Conclusion
Well-Known Trademarks (Marca de Alto Renome) and Notoriously Known Trademarks (Marca Notoriamente Conhecida) offer stronger protection than standard trademarks in Brazil. By securing INPI recognition, businesses ensure total exclusivity over their brand, preventing unauthorized use in any industry.
✅ If your brand is widely recognized, applying for Well-Known Trademark status ensures long-term protection and higher business value.
