Introduction

Registering a trademark with INPI (Instituto Nacional da Propriedade Industrial) is an essential step to protect your brand in Brazil. However, many applications are rejected due to errors, legal conflicts, or failure to meet INPI’s requirements. A rejected application can result in wasted time, additional costs, and the risk of losing exclusive rights to your brand name or logo.

In this article, we will explore the most common reasons for trademark rejection and provide practical strategies to ensure your application gets approved.

1. Common Reasons Why INPI Rejects Trademark Applications

1.1 Lack of Distinctiveness

One of the main reasons for trademark rejection is that the proposed mark is too generic or descriptive. INPI does not approve trademarks that merely describe the product or service.

✅ Example of a Rejectable Trademark:

• “Good Coffee” for a coffee brand.
• “Fast Delivery” for a courier service.

✅ Example of an Acceptable Trademark:

• “Starbucks” (a unique name that does not describe coffee directly).
• “FedEx” (a brand name that does not merely describe delivery services).

1.2 Similarity to an Existing Trademark

If your trademark is too similar to an already registered mark, INPI will reject it due to the risk of consumer confusion.

🔍 How to Avoid This Mistake:

• Conduct a trademark search in the INPI database before filing your application.
• Modify your brand name or logo to create a unique identity.
• If a similar name exists in a different industry, ensure your mark will not create confusion.

1.3 Use of Common or Restricted Words

INPI does not allow trademarks that include:

• Common words used by all businesses (e.g., “Supermarket” for a grocery store).
• Official government symbols or flags.
• Generic terms like “Best,” “Top,” or “Quality.”

1.4 Incorrect Classification of Goods and Services

When applying for a trademark, you must select the correct category (Nice Classification) based on your business activity. If you choose the wrong class, your application may be denied or legally challenged later.

🔍 How to Avoid This Mistake:

• Review the Nice Classification System before submitting your application.
• Seek help from a trademark specialist if unsure about the correct category.

1.5 Failure to Respond to INPI’s Requests

INPI may request additional documents, explanations, or modifications. If you fail to respond within the deadline, your application will be automatically rejected.

2. How to Ensure Your Trademark Application is Approved?

2.1 Conduct a Thorough Trademark Search

Before filing your application, check if a similar trademark already exists. You can do this by using:

• INPI’s Online Database (www.inpi.gov.br)
• Legal and trademark experts who specialize in searches and risk assessment.

2.2 Choose a Unique and Creative Name

• Avoid descriptive terms (e.g., “Fast Pizza” for a restaurant).
• Use invented words or unique spellings (e.g., “Kodak” instead of “Photo Film”).
• Combine words in a creative way (e.g., “Netflix” is a combination of “Net” and “Flix”).

2.3 Select the Right Trademark Type

INPI allows different types of trademarks, including:

• Nominative – A name without any design (e.g., “Nike”).
• Figurative – A logo without text (e.g., Apple’s bitten apple).
• Mixed – A combination of text and design (e.g., Coca-Cola’s stylized font).
• Three-Dimensional – A unique product shape (e.g., the Toblerone chocolate bar).

Choosing the right type increases your chances of approval.

2.4 File Your Application with Complete and Correct Information

Ensure your application includes:

• A clear description of your trademark.
• The correct classification of goods/services.
• A high-resolution image (if registering a logo).

2.5 Monitor Your Application and Respond to INPI Requests

• Regularly check your application status on the INPI website.
• If INPI asks for additional information, respond before the deadline.
• Hire a trademark attorney if you receive a legal opposition.

3. What to Do If Your Trademark is Rejected?

If INPI rejects your trademark application, you can:

✅ File an Appeal (Recurso Administrativo) – You have 60 days to challenge the rejection by presenting new arguments or evidence.

✅ Modify and Reapply – If the rejection was due to a similarity issue, you can alter the name or design and submit a new application.

✅ Seek Legal Assistance – A trademark lawyer can help you negotiate rights or contest the rejection.

Conclusion

Avoiding trademark rejection at INPI requires careful planning, a thorough trademark search, and selecting a unique, legally valid name. By following best practices, ensuring correct classification, and responding to INPI’s requests, you increase the chances of approval and protect your brand effectively.

Taking the right steps now prevents legal conflicts in the future and secures your brand’s identity for long-term success.