Introduction

Registering a trademark with INPI (Instituto Nacional da Propriedade Industrial) gives the owner exclusive rights to use the brand name, logo, or slogan. However, trademark infringement is a common problem, where unauthorized businesses use similar or identical trademarks, causing brand confusion, financial losses, and reputational damage.

To protect a brand, trademark owners must know how to detect, prevent, and take legal action against infringement in Brazil. This article provides a step-by-step guide on enforcing trademark rights effectively.

1. What Is Trademark Infringement?

Trademark infringement occurs when another company or individual uses a similar or identical brand name, logo, or slogan without authorization, leading to confusion among consumers.

✅ Examples of Trademark Infringement:

• A new coffee brand launches under the name “Starbuks”, imitating Starbucks®.
• A clothing company uses a Nike-like checkmark logo on its products.
• A competitor registers a similar domain name (e.g., nikebrasil.com) to mislead consumers.

🚨 Legal Consequences for Infringers:

• They may be forced to stop using the trademark.
• They could face financial penalties or damages.
• The counterfeit products may be seized and destroyed.

2. How to Detect Trademark Infringement?

Step 1: Monitor the INPI Database

Regularly check the INPI trademark registry (www.inpi.gov.br) for new applications that may conflict with your trademark.

Step 2: Conduct Market and Online Monitoring

• Search for similar brand names in your industry.
• Check e-commerce platforms (Mercado Livre, Shopee, Amazon) for counterfeit goods.
• Use Google Alerts to receive notifications when your brand name appears online.
• Monitor social media platforms for unauthorized use of your trademark.

Step 3: Work with a Trademark Watch Service

Some legal firms and trademark professionals offer automated monitoring services that detect potential infringements.

📌 Tip: The faster you identify infringement, the easier it is to stop it legally.

3. What to Do If Someone Is Using Your Trademark?

Option 1: Contact the Infringer Directly

✅ Send a Cease-and-Desist Letter

• A formal notice demanding that the infringer stops using your trademark immediately.
• The letter should include:
  • Proof of your trademark registration.
  • Details of the infringement.
  • A deadline for the infringer to stop.

📌 Best for: Cases where the infringement may be unintentional or where a settlement is possible.

Option 2: File an Opposition with INPI

✅ If the infringer has applied for trademark registration, you can file an opposition request within 60 days of publication in the INPI Gazette (Revista da Propriedade Industrial – RPI).

Option 3: File a Lawsuit for Trademark Infringement

If informal measures fail, you can take legal action in Brazilian courts.

🚨 What You Can Request in a Lawsuit:

• An injunction to immediately stop the infringer from using the trademark.
• Financial compensation for damages.
• Seizure and destruction of counterfeit goods.

📌 Brazilian Trademark Law: Trademark protection is covered under the Brazilian Industrial Property Law (Law No. 9.279/1996).

Option 4: File a Complaint with Online Platforms

✅ Report Infringement on E-commerce and Social Media

• Mercado Livre, Shopee, Amazon, Instagram, and Facebook allow trademark owners to report counterfeit or unauthorized products.
• Submit a copy of your INPI trademark registration as proof of ownership.

4. How to Strengthen Trademark Protection?

✅ Register Your Trademark with INPI – Unregistered trademarks have no legal protection in Brazil.
✅ Use the ® Symbol – This warns competitors that your brand is legally registered.
✅ Secure a Domain Name – Prevent others from registering a similar web address.
✅ Monitor Regularly – The faster you act against infringement, the stronger your case will be.
✅ Work with a Trademark Attorney – A legal expert can help you enforce your rights efficiently.

5. Common Mistakes to Avoid

❌ Not Registering Your Trademark with INPI – Unregistered brands cannot be enforced legally.
❌ Ignoring Trademark Infringement – If you don’t act, your brand could lose market value.
❌ Delaying Legal Action – The longer infringement continues, the harder it is to stop.
❌ Not Using a Lawyer for Complex Cases – Legal expertise improves your chances of winning a lawsuit.

Conclusion

Trademark infringement can harm a business’s reputation and revenue, but owners have legal tools to detect, prevent, and take action against unauthorized use.

✅ Register your trademark with INPI for full legal protection.
✅ Monitor for infringement through online and market research.
✅ Take action quickly using cease-and-desist letters, opposition filings, or legal claims.

By enforcing your trademark rights effectively, you protect your brand’s value, market position, and long-term success.