Introduction
Before investing in branding, marketing, and product packaging, businesses must ensure their trademark is legally available. A preliminary trademark search helps prevent legal disputes, rebranding costs, and trademark rejection by INPI (Instituto Nacional da Propriedade Industrial).
As experts say, “A good start is half the battle won.” Conducting a trademark search before registering your brand is the first step in building a strong, legally protected business identity.
In this article, we will explain how to search for existing trademarks, avoid legal conflicts, and improve your chances of securing exclusive rights to your brand name.
1. What Is a Preliminary Trademark Search?
A preliminary trademark search (busca prévia de marca) is a research process that checks if a brand name, logo, or slogan is already registered or in use by another company.
✅ Why Is a Trademark Search Important?
- 🚨 Prevents Rejection by INPI – If a similar trademark exists, your application will be denied.
- 🚨 Avoids Legal Disputes – Using a registered trademark without authorization can result in lawsuits.
- 🚨 Saves Time and Money – Rebranding after trademark denial can be expensive and damaging to a business.
📌 Example:
- A fashion startup wants to register “UrbanWear”.
- Before applying, they search INPI’s database and discover that “UrbanWear Brasil” is already registered.
- To avoid conflicts, they modify their brand name to “UrbanVogue” and successfully register it.
🚨 Lesson: A trademark search helps businesses choose a unique and legally available brand name.
2. Where to Conduct a Trademark Search in Brazil?
2.1 INPI’s Official Database
✅ The best way to check trademark availability is by searching directly on INPI’s website.
🔍 How to Conduct a Trademark Search on INPI’s Website:
1️⃣ Go to www.inpi.gov.br.
2️⃣ Click on “Busca de Marcas” (Trademark Search).
3️⃣ Enter the brand name or keywords related to your trademark.
4️⃣ Review the results for identical or similar trademarks.
5️⃣ Check the status of existing trademarks:
- ✅ Granted (Concedida) – Trademark is registered and protected.
- ⏳ Pending (Em Exame) – Application is under review.
- ❌ Rejected (Indeferida) – The application was denied, but someone may still reapply.
- 🛑 Expired (Extinta) – Trademark is no longer active and may be available for registration.
📌 Tip: If a similar brand name exists in your category, modify your trademark before applying.
2.2 Google and Social Media Search
🚨 Even if INPI’s database is clear, another business may already be using the brand name online.
✅ Where to Search for Conflicting Brand Names:
🔹 Google – Check if the brand name appears in business directories or company websites.
🔹 Instagram, Facebook, TikTok, LinkedIn – Look for businesses using the same name.
🔹 Domain Registries (www.registro.br) – See if the domain yourbrand.com.br is already taken.
📌 Example:
- A bakery wants to register “Sabor do Brasil”.
- No trademarks exist in INPI’s database, but a competitor is already using the name on Instagram.
- To avoid conflicts, they rename their brand “Sabor Brasileiro Doces”.
🚨 Lesson: Social media and domain searches prevent online branding conflicts.
3. What to Look for in a Trademark Search?
3.1 Identical or Similar Trademarks
🚨 Your application may be rejected if your trademark is too similar to an existing one.
✅ Examples of Rejections Due to Similarity:
❌ “SuperFresh” vs. “Super Fresh” – Spacing does not create uniqueness.
❌ “SmartTech” vs. “SmartTek” – Different spelling, same pronunciation.
❌ “GoldFit” vs. “Gold Fitness” – Similar name, same industry.
📌 Solution: Choose a distinctive brand name that avoids confusion.
3.2 Correct Classification (Nice Classification System)
🚨 Trademarks are registered by industry category (Nice Classification).
✅ Example:
- “Bella Moda” (Class 25 – Clothing) ✅ Can coexist with
- “Bella Moda” (Class 35 – Fashion Consulting) ✅
🚨 But it CANNOT coexist with:
- “Bella Moda” (Another clothing brand in Class 25) ❌
📌 Tip: Check the correct classification before applying to avoid unnecessary conflicts.
4. What to Do If a Similar Trademark Exists?
🚨 If you find a similar trademark, you still have options:
✅ 1. Modify Your Brand Name – Add a unique word or adjust the name.
✅ 2. Register a Logo Instead – A distinctive logo can sometimes be registered even if a similar brand name exists.
✅ 3. Choose a Different Industry Category – If possible, register your brand under a different Nice Classification.
✅ 4. Negotiate a Coexistence Agreement – If the brand owner agrees, you can file a legal agreement with INPI.
✅ 5. Request Trademark Cancellation (Caducidade) – If a registered trademark has not been used for 5+ years, you can request INPI to cancel it.
📌 Example:
- A tech startup wants to register “NovaTech” but finds a similar registered trademark.
- They rename it “NovaTech Solutions” and successfully register the modified name.
🚨 Lesson: Trademark conflicts can often be solved with small adjustments.
5. Common Mistakes to Avoid in a Trademark Search
❌ Skipping the INPI Database – Many businesses only check social media, ignoring official records.
❌ Ignoring Similar Names – If a brand is too close in name or pronunciation, INPI may reject it.
❌ Forgetting to Search by Industry Category – A brand may be available in one industry but registered in another.
❌ Assuming an Available Name Means Automatic Approval – Even if a name is not registered, it must still meet legal requirements (e.g., not generic).
📌 Tip: A detailed trademark search prevents costly legal disputes and registration failures.
6. How to File a Trademark Application After a Successful Search
✅ Step 1: Ensure your trademark is unique after checking INPI, Google, and social media.
✅ Step 2: Prepare your application by selecting the correct classification.
✅ Step 3: Submit your trademark request on INPI’s website.
✅ Step 4: Monitor the approval process and respond to any INPI requests.
📌 Tip: A trademark specialist can help optimize your application for approval.
Conclusion
A preliminary trademark search is essential to avoiding legal conflicts, ensuring brand uniqueness, and securing exclusive rights in Brazil.
✅ Check INPI’s database before applying.
✅ Search Google, social media, and domain names for brand conflicts.
✅ Modify your trademark if a similar name exists.
✅ Choose the correct industry classification to avoid unnecessary disputes.
As the saying goes, “Prevention is better than cure”—taking the time to conduct a proper trademark search can save businesses from costly rebranding and legal battles in the future.
