Introduction

A business name is one of the most valuable assets of any company. It represents the brand’s identity, builds customer trust, and differentiates it from competitors. However, if a business name is not properly protected, it can be copied or misused by others, leading to legal disputes and financial losses.

In Brazil, protecting a business name involves trademark registration, corporate name registration, and domain name registration. This article will explain the key steps to securing your business name and ensuring its exclusive use.

1. Difference Between Business Name, Trademark, and Corporate Name

Many entrepreneurs confuse these terms, but they serve different legal purposes:

• Business Name (Nome Empresarial) – The name under which a company operates in the market.
• Trademark (Marca Registrada) – A name, logo, or symbol used to identify and distinguish a brand’s products or services.
• Corporate Name (Razão Social) – The official legal name of a company, used in contracts, invoices, and government records.

Registering a corporate name does not automatically protect the business name as a trademark, and vice versa. For full protection, companies should secure both.

2. How to Register a Business Name in Brazil?

Step 1: Corporate Name Registration with the Board of Trade (Junta Comercial)

Before starting a business, you must register your corporate name with the Board of Trade (Junta Comercial) in your state. This ensures that no other company in the same state has the same name.

How to Register Your Corporate Name:

1. Conduct a Name Search – Check if your desired corporate name is available on the Junta Comercial’s website.
2. Prepare Business Documents – Gather necessary documents such as the company’s Articles of Incorporation.
3. Submit the Registration Application – File your registration with the Junta Comercial and pay the applicable fees.
4. Obtain the CNPJ – After approval, register your business with the Federal Revenue Service (Receita Federal) to obtain a CNPJ (Brazilian business identification number).

✅ Limitations:

• Protects your business name only within your state.
• Does not prevent other businesses from using a similar name in another state or registering it as a trademark.

Step 2: Registering a Trademark with INPI (National Institute of Industrial Property)

To gain exclusive rights to your business name nationwide, you must register it as a trademark with INPI (Instituto Nacional da Propriedade Industrial).

How to Register a Trademark in Brazil:

1. Search for Similar Trademarks – Before applying, check if your business name is already registered at INPI’s online database.
2. Choose the Right Classification – Trademarks are divided into different classes based on industry. Make sure to register in the correct category.
3. File the Trademark Application – Submit your request through INPI’s website and pay the application fee.
4. Wait for Examination – INPI will analyze the application, which can take 12 to 24 months.
5. Approval and Registration – If no objections are raised, your trademark will be registered and protected for 10 years, renewable indefinitely.

✅ Advantages of Trademark Registration:

• Exclusive rights to use the business name across all of Brazil.
• Prevents competitors from using similar names.
• Allows legal action against unauthorized use.

Step 3: Registering a Domain Name (.com.br)

If you plan to operate online, securing a domain name is essential. In Brazil, domain names are registered through Registro.br.

How to Register a .com.br Domain:

1. Check Domain Availability – Search for your desired domain name on www.registro.br.
2. Register the Domain – If available, complete the registration process.
3. Pay the Annual Fee – Domain registrations require an annual renewal fee to maintain ownership.

✅ Benefits of Domain Registration:

• Protects your business identity on the internet.
• Prevents others from using a similar website name.
• Boosts credibility and brand trust.

3. What to Do If Someone Uses Your Business Name?

If you discover that another company is using a name similar to yours, there are legal steps you can take:

Scenario 1: Someone Uses Your Business Name Without a Trademark

• If your corporate name is registered with the Junta Comercial but not trademarked, you have limited legal protection.
• You can send a cease-and-desist letter or request legal action based on unfair competition laws.

Scenario 2: Someone Uses a Name Similar to Your Registered Trademark

• If you have a registered trademark, you can file a legal complaint with INPI or take the case to court.
• You can also request the removal of domain names that violate your trademark rights.

4. Common Mistakes to Avoid When Protecting a Business Name

❌ Skipping the Trademark Registration – Registering only the corporate name does not provide national protection.
❌ Not Checking for Existing Trademarks – A business name that is available at the Junta Comercial may already be trademarked by another company.
❌ Forgetting to Renew the Trademark – Trademarks must be renewed every 10 years to remain valid.

Conclusion

Protecting a business name in Brazil involves multiple steps, including corporate name registration, trademark registration, and domain registration. While a corporate name gives you the right to operate under that name in your state, only a trademark ensures nationwide exclusivity.

By securing these protections, businesses can prevent legal disputes, establish a strong brand identity, and safeguard their long-term success. If you are launching a new company, taking the time to register your name properly is one of the most important investments you can make.