Introduction

A logo is one of the most valuable assets of a brand. It visually represents a company’s identity, builds recognition, and differentiates it from competitors. However, if a logo is not properly registered as a trademark, other businesses may copy or use similar designs, leading to legal disputes and brand dilution.

In Brazil, INPI (Instituto Nacional da Propriedade Industrial) allows businesses to register their logo along with their trademark, providing exclusive rights and legal protection. This article explains the step-by-step process for registering a logo, the different trademark types, and how to avoid rejection.

1. Can You Register a Logo as a Trademark?

Yes! A logo can be registered as a trademark under Brazilian law. When applying for trademark registration at INPI, you can protect not only the name (wordmark) but also the visual design associated with the brand.

There are three main types of trademarks that involve logos:

• Nominative Trademark (Only the name, without design)
• Figurative Trademark (Only the logo, without words)
• Mixed Trademark (Logo + Name combined)

📌 Important: If you register only the name (Nominative Trademark), you do not get exclusive rights to the logo design. To fully protect your brand’s visual identity, you need to register a Mixed or Figurative Trademark.

2. Benefits of Registering a Logo as a Trademark

✅ Exclusive Rights: Prevents others from using a similar logo in the same industry.
✅ Legal Protection: Allows the brand owner to take legal action against unauthorized use.
✅ Stronger Brand Identity: Increases customer trust and recognition.
✅ Increases Business Value: A registered logo can be licensed, franchised, or sold as an asset.

3. Step-by-Step Guide to Registering a Logo with INPI

Step 1: Conduct a Trademark Search

Before applying, check if a similar logo or brand name is already registered in INPI’s database.

🔍 How to Do a Logo Search:

1. Visit the INPI website (www.inpi.gov.br).
2. Access the Trademark Search System.
3. Search for similar visual elements or brand names in your industry.

🚨 Why is This Important?

• If a similar logo is already registered, your application may be denied.
• You can modify your logo before applying to increase approval chances.

Step 2: Choose the Right Trademark Category

INPI offers different trademark types based on what you want to protect:

✅ Figurative Trademark – Protects only the logo design, without the brand name.
✅ Mixed Trademark – Protects both the logo and the brand name together.

📌 Tip: If you want full protection, register a Mixed Trademark, so both your logo and name are legally protected.

Step 3: Prepare Your Application Documents

To apply for a logo trademark, you need:

✅ A high-resolution image of your logo in JPEG or PNG format.
✅ A clear description of the logo, including colors, shapes, and design elements.
✅ The correct Nice Classification (NCL) category for your industry.
✅ Your company or personal identification details.

📌 Logo Format Requirements:

• Max file size: 2MB
• Background: Transparent or white
• Image quality: Sharp, without distortions

Step 4: File the Trademark Application with INPI

After preparing your documents, submit the trademark application on the INPI website.

📌 Application Process:

1. Create an account on INPI’s portal.
2. Fill out the application form, specifying whether you are registering a Mixed or Figurative Trademark.
3. Upload the logo image following INPI’s format guidelines.
4. Pay the application fee (varies depending on business size and trademark category).

Step 5: Wait for INPI Examination and Opposition Period

Once submitted, INPI follows a structured examination process:

1. Formal Examination: INPI checks if the application is correctly filled out.
2. Publication in the INPI Gazette (Revista da Propriedade Industrial – RPI): Your application is made public.
3. 60-Day Opposition Period: Other companies can oppose your trademark if they believe it infringes on theirs.
4. Substantive Examination: INPI reviews the trademark for uniqueness and distinctiveness.
5. Approval or Rejection Decision: If approved, the final registration fee must be paid.

📌 Processing Time: The entire registration process takes 12-24 months (or longer if oppositions arise).

Step 6: Receive the Trademark Registration Certificate

Once approved, INPI issues an official trademark certificate, granting you:

✅ Exclusive rights to the logo for 10 years (renewable indefinitely).
✅ The legal right to use the ® symbol.
✅ The ability to enforce trademark rights in legal disputes.

4. How to Avoid Trademark Rejection?

🚨 Avoid Common Mistakes That Lead to Rejection:
❌ Registering a generic or overly simple logo – The logo must be distinctive and unique.
❌ Using elements that resemble existing brands – If your logo looks too similar to a famous brand, it may be rejected for confusion.
❌ Incorrect file format or low-resolution image – INPI may reject applications with poor-quality logo images.
❌ Not selecting the right trademark category – A wrong classification can result in legal disputes.

📌 Tip: Work with a trademark specialist to increase approval chances and avoid legal complications.

5. What If Someone Copies My Logo?

If another business copies or misuses your registered logo, you can:

✅ Send a Cease-and-Desist Letter – Inform them that they are violating your trademark rights.
✅ File a Lawsuit for Trademark Infringement – If unauthorized use continues, you can take legal action.
✅ Report the Violation to INPI – INPI can nullify conflicting trademarks if your logo was registered first.

6. Can I Use the ® Symbol After Registering My Logo?

Yes! Once INPI approves your trademark, you can legally use the ® symbol to indicate that your logo is officially registered.

📌 Before Registration: Use the ™ symbol (e.g., “MyBrand™”).
📌 After Registration: Use the ® symbol (e.g., “MyBrand®”).

🚨 Using ® before official approval is illegal and can result in penalties.

Conclusion

Registering a logo as a trademark with INPI is essential to protect your brand’s visual identity and prevent unauthorized use. By choosing the correct trademark type, preparing a high-quality logo image, and following the proper application process, businesses can secure exclusive rights for 10 years, renewable indefinitely.

With a registered logo, brands gain stronger market protection, legal enforcement rights, and increased business value. If you haven’t secured your logo yet, now is the time to protect your brand’s identity with INPI registration.