Introduction
Before registering a trademark, businesses and entrepreneurs should verify whether the brand name, logo, or slogan is already registered with the National Institute of Industrial Property (INPI – Instituto Nacional da Propriedade Industrial) in Brazil.
Consulting INPI’s trademark database is a crucial step in preventing legal disputes, application rejection, and rebranding costs. By conducting a proper trademark search, businesses can ensure their desired name is available and legally protectable.
This article provides a step-by-step guide on how to search for registered trademarks in INPI, explaining the importance of trademark verification and how to interpret search results.
Why Check Registered Trademarks in INPI?
A trademark search is essential before filing an application because:
- Avoids conflicts with existing trademarks.
- Prevents legal issues and trademark infringement.
- Saves time and money by reducing the risk of rejection.
- Ensures a unique and protectable brand identity.
- Helps businesses make informed branding decisions.
If a trademark is already registered by another company, the new applicant may have to change the brand name, modify the logo, or negotiate licensing rights.
Step-by-Step Guide to Searching for Trademarks in INPI
Step 1: Access the INPI Website
To consult registered trademarks, visit the official INPI website:
- URL: www.gov.br/inpi
- Click on the “Busca de Marca” (Trademark Search) tool.
Step 2: Choose the Type of Search
INPI offers different search methods:
- Basic Search (Busca Exata) – For exact brand names.
- Advanced Search (Busca Fonética) – Checks for similar-sounding names.
- Search by Applicant (Titular da Marca) – Finds trademarks registered by a specific company.
- Search by Classification (Classificação de Nice) – Filters trademarks by industry category.
Step 3: Enter the Brand Name
- Type the exact name or partial keywords to find variations.
- Select the correct classification if searching for a specific industry.
- Click “Pesquisar” (Search) to display results.
Step 4: Analyze the Search Results
The INPI database will show:
- Trademark Status: Active, pending, rejected, expired.
- Trademark Owner: The name of the company or individual holding the rights.
- Nice Classification: The industry category under which the trademark is registered.
- Application Details: Filing date, publication, and registration number.
✅ If the trademark is available, the applicant can proceed with registration. ❌ If the trademark is already registered, the applicant must choose a different name or file an opposition (if applicable).
Understanding Trademark Status in INPI
INPI assigns different statuses to trademarks, which determine their availability:
| Trademark Status | Meaning |
|---|---|
| Pending (Pedido em Exame) | Application is under review. |
| Registered (Marca Concedida) | Trademark is officially registered and protected. |
| Expired (Extinta) | Trademark has not been renewed and may be available. |
| Rejected (Arquivado) | Trademark application was denied. |
| Opposition Filed (Oposição Recebida) | A third party is contesting the trademark registration. |
If a trademark is expired or rejected, there may be an opportunity to apply for it.
What to Do If a Trademark Is Already Registered?
If the desired brand name is already registered by another company, consider these options:
- Modify the Name or Logo
- Add a unique element to differentiate the trademark.
- Example: Instead of “BlueSky,” register “BlueSky Wear.”
- Check for Different Classifications
- Trademarks are classified by Nice Classification (NCL).
- If the name is taken in one industry, it may be available in another.
- Negotiate Trademark Rights
- Contact the trademark owner to discuss licensing or purchase options.
- Some companies sell their trademarks if they are no longer in use.
- File an Opposition or Cancellation Request
- If a trademark was registered in bad faith, a legal challenge may be possible.
- INPI allows third parties to file oppositions within 60 days of publication.
Advanced Trademark Search Strategies
For a more detailed trademark search, consider:
1. Phonetic Similarity Search
- Trademarks with similar sounds can be rejected.
- Example: “TechOne” and “TekOne” may be considered too similar.
2. International Trademark Search
- If planning global expansion, check WIPO’s Global Brand Database.
- Ensures the brand name is available in multiple countries.
3. Hiring a Trademark Attorney
- Professional legal assistance helps analyze search results and legal risks.
- Ensures the application process is error-free and optimized for approval.
Common Mistakes to Avoid When Searching for Trademarks
- Only Checking Google or Social Media
- A brand name being available on Instagram does not mean it is legally free.
- Ignoring Similar Names
- INPI may reject names that are phonetically or visually similar.
- Not Checking Classification
- Trademarks are registered within specific industry categories.
- Skipping a Professional Search
- For serious businesses, investing in legal consultation ensures better protection.
Conclusion
Checking registered trademarks in INPI is a critical step in protecting a brand’s identity and avoiding legal disputes. By following the correct procedures and using INPI’s trademark search tools, businesses can ensure their brand name is available, unique, and legally protectable.
By conducting a proper trademark search before filing an application, businesses can save time, avoid rejections, and ensure long-term brand security. Investing in this process prevents future legal conflicts and helps build a strong, legally protected brand.
