Introduction
Registering a trademark with the INPI (National Institute of Industrial Property) in Brazil is a crucial step in protecting your brand. However, many entrepreneurs and business owners are unaware that they can lose the rights to their registered trademark under certain conditions. In this article, we will explore the main reasons why a trademark may be lost and how to prevent this from happening.
1. What Does It Mean to Lose a Trademark Right?
Losing the right to a trademark means that the registered owner no longer has exclusive rights to use that brand name, logo, or symbol in the market. Once the rights are lost, third parties can register the same or a similar trademark, or the brand may become public domain.
2. Main Reasons for Losing a Trademark Right
2.1. Failure to Renew the Trademark
In Brazil, a trademark registration is valid for 10 years from the approval date. After this period, the owner must request renewal to maintain the exclusive rights. If the renewal is not requested within the deadline, the trademark will expire, and anyone can apply for its registration.
🔹 How to avoid this?
- Keep track of your trademark renewal deadline.
- File for renewal six months before the expiration date.
- If you miss the deadline, INPI allows a six-month grace period for renewal (with additional fees).
2.2. Lack of Use (Trademark Revocation for Non-Use)
One of the most common reasons for losing a trademark is lack of use. According to Brazilian law, a trademark must be used within five years from the date of registration approval. If the owner does not use the trademark commercially, a third party can request its revocation due to non-use.
🔹 How to avoid this?
- Use your trademark in commerce, such as on products, websites, advertisements, and official documents.
- Keep records (invoices, advertisements, and contracts) proving that the trademark is being used.
- If your brand is temporarily inactive, consider licensing it to another company.
2.3. The Trademark Becomes Generic
Some trademarks lose exclusivity because they become generic terms over time. This happens when a brand name is widely used to refer to a type of product or service rather than a specific company’s product. Examples of brands that became generic in other countries include Aspirin and Escalator.
🔹 How to avoid this?
- Enforce proper use of your brand in marketing and advertising.
- Prevent unauthorized use that weakens the distinctiveness of your trademark.
- Use symbols like ® to indicate that your trademark is registered.
2.4. Legal Disputes and Court Decisions
A trademark can be lost if another party successfully challenges it in court. If a competitor proves that the trademark was registered in bad faith, violates prior rights, or creates confusion in the market, the registration may be canceled.
🔹 How to avoid this?
- Conduct a trademark search before registering to avoid conflicts.
- Ensure your brand is unique and does not infringe on existing trademarks.
- If involved in a legal dispute, seek professional legal assistance.
3. What to Do If Your Trademark Is at Risk?
If you suspect that your trademark rights are at risk, act quickly:
✅ Check your renewal deadlines and submit renewal requests on time.
✅ Gather evidence of commercial use to protect against revocation requests.
✅ Monitor your brand to prevent unauthorized use.
✅ Consult an intellectual property lawyer if facing legal disputes.
Conclusion
Registering a trademark is just the beginning. To protect your brand, you must actively renew, use, and monitor your trademark. Losing the rights to your trademark can impact your business identity, market presence, and revenue. By following best practices, you can ensure that your trademark remains protected for years to come.
