Introduction
Many business owners mistakenly believe that registering a company name automatically grants them trademark rights—but that’s not true.
In Brazil, businesses operate under three distinct naming structures:
- Nome Fantasia (Trade Name) – The commercial name used in marketing.
- Razão Social (Corporate Name) – The legal business name registered with the government.
- Marca (Trademark) – The legally protected brand name, registered with INPI (Instituto Nacional da Propriedade Industrial).
Each of these names serves a different legal and business purpose. As experts say, “A company without a trademark is like a ship without an anchor”—it risks losing its identity to competitors.
In this article, we’ll explain the differences between a trade name, corporate name, and trademark, and why registering a trademark is essential for protecting your brand.
1. What Is a Trade Name (Nome Fantasia)?
A trade name (Nome Fantasia) is the public-facing name of a business, used in advertising, branding, and customer interactions.
✅ It is not a legal name—it is a name used for marketing purposes.
✅ It does not provide legal protection against competitors using a similar name.
✅ It can be different from the corporate name.
📌 Example:
- Corporate Name: “Tech Solutions LTDA”
- Trade Name: “InovaTech”
🚨 Important: A trade name is not exclusive—other businesses may use the same or similar names unless you register it as a trademark.
📌 Lesson: A trade name is only a commercial identity—it does not provide legal rights over a brand name.
2. What Is a Corporate Name (Razão Social)?
A corporate name (Razão Social) is the legal name of a business, registered with the Junta Comercial or Receita Federal.
✅ It is used in contracts, tax filings, and legal documents.
✅ No other company in the same state can register an identical corporate name.
✅ It does not prevent other businesses from using a similar brand name in other states or industries.
📌 Example:
- A bakery registers the corporate name “Pão Dourado Confeitaria LTDA”.
- Another bakery in a different state registers “Pão Dourado Panificadora LTDA”.
- Since corporate names are state-specific, both businesses can legally exist.
🚨 Important: A corporate name does not protect a brand from competitors using a similar name in commerce.
📌 Lesson: Corporate name registration is required for legal business operations but does not provide nationwide brand protection.
3. What Is a Trademark (Marca)?
A trademark (Marca) is the only legal way to secure exclusive rights over a brand name in Brazil. It must be registered with INPI (Instituto Nacional da Propriedade Industrial).
✅ It provides nationwide protection—no other company can use the name in the same industry.
✅ It can be a word, logo, slogan, or combination.
✅ It allows the brand to take legal action against imitators.
📌 Example:
- Trademark: “Pão Dourado®” (registered with INPI for bakery products).
- If another company tries to launch “Pão Dourado Café”, the trademark owner can file a legal opposition.
🚨 Important: A registered trademark is the strongest form of brand protection—without it, anyone can legally register a similar name.
📌 Lesson: A trademark provides exclusive rights to a brand name in Brazil, preventing competitors from using it.
4. Differences Between Trade Name, Corporate Name, and Trademark
| Feature | Trade Name (Nome Fantasia) | Corporate Name (Razão Social) | Trademark (Marca Registrada) |
|---|---|---|---|
| Purpose | Used in marketing and branding | Used in legal and tax documents | Provides exclusive brand protection |
| Where It’s Registered? | Not officially registered | Junta Comercial / Receita Federal | INPI (Instituto Nacional da Propriedade Industrial) |
| Legal Protection? | ❌ No legal exclusivity | ✅ Exclusive within the state | ✅ Nationwide brand exclusivity |
| Can Others Use a Similar Name? | ✅ Yes | ✅ Yes (in other states) | ❌ No, if in the same industry |
| Enforced by Law? | ❌ No | ✅ Yes, but limited | ✅ Yes, across Brazil |
🚨 Important: Only a trademark protects a brand from competitors in the same industry.
📌 Lesson: A corporate name allows a business to operate legally, but only a trademark secures brand exclusivity.
5. Why Register a Trademark If You Already Have a Corporate Name?
Many business owners mistakenly believe that registering a corporate name protects their brand. However, a company can legally lose its trade name if someone else registers it as a trademark.
🚨 Example of a Business Losing Its Brand Name:
- A restaurant operates under the trade name “Sabor Caseiro” for years but never registers it as a trademark.
- Another company trademarks “Sabor Caseiro”® with INPI.
- The restaurant is forced to change its name and branding, losing customers and brand recognition.
📌 Lesson: A registered trademark is the only way to ensure exclusive ownership of a brand name.
6. How to Register a Trademark in Brazil?
Step 1: Conduct a Trademark Search
🔍 Before applying, check if the name is available.
✅ How to Check for Existing Trademarks in Brazil:
1️⃣ Visit www.inpi.gov.br.
2️⃣ Use the trademark search tool to find similar names.
3️⃣ Modify the brand name if necessary before applying.
Step 2: File a Trademark Application with INPI
✅ How to Register a Trademark in Brazil:
1️⃣ Submit an application to INPI.
2️⃣ Choose the correct Nice Classification (industry category).
3️⃣ Pay the trademark registration fee.
4️⃣ Monitor the opposition period (60 days).
5️⃣ If approved, the trademark is valid for 10 years, renewable indefinitely.
📌 Tip: A pending trademark application already gives legal advantages.
7. Common Mistakes to Avoid
❌ Thinking a Corporate Name Provides Trademark Protection – It does not prevent others from using a similar brand name in commerce.
❌ Delaying Trademark Registration – A competitor may register the name first, forcing a rebrand.
❌ Ignoring Similar Trademarks – If a similar brand exists, you may face legal opposition.
📌 Tip: If you plan to build a brand, register a trademark before investing in marketing and branding.
Conclusion
Understanding the difference between trade name, corporate name, and trademark is crucial for protecting a brand.
✅ A trade name is used for marketing but has no legal protection.
✅ A corporate name is required for legal operations but does not grant brand exclusivity.
✅ A trademark is the only way to secure nationwide brand protection.
As the saying goes, “A strong brand is not just built—it’s protected.” By registering a trademark with INPI, businesses can avoid legal risks, maintain brand exclusivity, and secure long-term success.
