Trademark registration is essential to ensure the legal protection of a business’s identity. Many entrepreneurs have questions about how to register a trademark for free at INPI and whether this is actually possible. Although the National Institute of Industrial Property (INPI) charges fees for registration, there are ways to minimize these costs, especially for individual micro-entrepreneurs (MEIs), small businesses, and startups.

In this guide, we will explain all the steps of the process, the deadlines involved, the types of defenses, appeals, and requirements, as well as the possibilities of rejection, cancellation, and filing of a trademark registration application.

Is It Possible to Register a Trademark for Free at INPI?

INPI does not offer completely free trademark registration, as there are mandatory fees to be paid. However, there are some ways to minimize these costs:

• Discounts for MEIs, micro, and small businesses: INPI grants up to a 60% reduction in fees for these groups.
• Requesting exemption in specific programs: In some cases, innovation projects may obtain incentives.
• Using free platforms for research and application tracking: Some tools help avoid unnecessary expenses with rework.

By following the correct guidelines, you can significantly save on the process of how to register a trademark for free at INPI.

Step by Step: How to Register a Trademark for Free at INPI

1. Prior Search

Before applying for registration, it is essential to check if the trademark has already been registered by another company. This can be done for free on the INPI website.

2. Choosing the Trademark Class

Every trademark is registered within a specific class, according to the type of product or service. Choosing the wrong class can invalidate the application.

3. Filling Out the Online Application

The trademark registration application must be submitted through the e-Marcas system on the INPI website. It is necessary to create an account and follow the instructions for correctly filling out the form.

4. Payment of the Federal Payment Guide (GRU)

Although INPI charges fees, MEIs and small businesses pay reduced amounts. If you qualify for this category, select the discount option.

5. Monitoring the Publication in the IP Gazette (RPI)

After the application is submitted, it will be published in the Industrial Property Gazette (RPI). Anyone can file an opposition to the registration within 60 days.

6. Examination of the Application by INPI

INPI conducts the formal and substantive examination of the application. This process can take between 8 months and 2 years.

7. Decision: Approval or Rejection

If the application is approved, the applicant must pay the final fee to obtain the certificate. If it is rejected, there is still the possibility of appeal.

8. Maintenance and Renewal of the Registration

The registration is valid for 10 years and can be renewed indefinitely.

Possibilities of Rejection, Cancellation, and Filing

Not all requested trademarks are registered. Some reasons may lead to rejection, cancellation, or filing of the application.

Rejection

INPI may reject an application if:

• The trademark is already registered by another company.
• The name is too generic or descriptive.
• The trademark violates public order regulations.

The applicant can appeal within 60 days after the rejection is published in the RPI.

Cancellation

A trademark may be canceled if:

• The owner does not renew the registration after 10 years.
• The owner voluntarily renounces it.
• It is canceled by a court decision.

Filing

The application may be filed if:

• The applicant does not meet requirements within the stipulated deadline.
• There are payment failures.

Types of Defense, Appeals, and Requirements in the Registration Process

During the process of how to register a trademark for free at INPI, it may be necessary to present defenses and appeals.

Defense Against Opposition

If third parties contest the application within 60 days, the applicant must submit a technical defense to justify their right to the registration.

Appeal Against Rejection

If the application is rejected, an administrative appeal can be filed within 60 days, demonstrating that the trademark meets legal requirements.

Compliance with Requirements

INPI may request additional documents. Failure to comply with these requirements within the deadline may result in the filing of the application.

Trademark Expiry (Caducity)

Trademark caducity occurs when the owner of a registered trademark fails to use it for more than 5 consecutive years. If a third party proves this inactivity, they can request the cancellation of the registration.

Understanding how to register a trademark for free at INPI involves knowing the costs, deadlines, and requirements of the process. Although the registration is not entirely free, there are ways to minimize expenses, especially for small business owners and MEIs.

By correctly following the steps, verifying the availability of the trademark, and meeting all INPI requirements, you can ensure the protection of your trademark and avoid future problems.

If you want to protect your business identity, start the process today and follow all the steps to ensure the success of your application!