Introduction
Franchising is one of the fastest-growing business models in Brazil, allowing companies to expand while maintaining brand consistency. However, for a franchise to be legally protected, the brand name, logo, and other trademarks must be registered with INPI (Instituto Nacional da Propriedade Industrial).
Without trademark registration, franchise owners risk losing control over their brand, facing legal disputes, or even having their brand copied by competitors.
This article explains how to register a trademark for a franchise in Brazil, ensuring full legal protection and compliance with franchise laws.
1. Why Is Trademark Registration Important for a Franchise?
✅ Legal Protection – Prevents third parties from copying or using the franchise brand.
✅ Nationwide Exclusivity – Ensures that only authorized franchisees can use the brand.
✅ Higher Business Value – A registered trademark increases the franchise’s market worth.
✅ Avoids Legal Disputes – Protects against trademark infringement lawsuits.
📌 Example:
- A coffee chain expands via franchising under the brand “Café Supremo”.
- If the trademark is not registered, another company can register the same name and legally prevent the original business from using it.
2. What Trademarks Can Be Registered for a Franchise?
A franchise can register different types of trademarks, depending on its branding elements:
| Trademark Type | Example |
|---|---|
| Nominative (Wordmark) | Protects only the brand name (e.g., “Subway”) |
| Figurative (Logo Only) | Protects the visual logo, without words |
| Mixed (Logo + Name) | Protects the brand name and logo together |
| Three-Dimensional | Protects a unique packaging or store design (e.g., McDonald’s Golden Arches) |
| Slogan | Protects a marketing phrase (e.g., “Just Do It” – Nike) |
📌 Best Practice: Most franchises register a Mixed Trademark (Logo + Name) for maximum protection.
3. Step-by-Step Guide to Registering a Franchise Trademark in Brazil
Step 1: Conduct a Trademark Search
Before applying, check if the brand name or logo is already registered by another company.
🔍 How to Search for Trademarks on INPI:
- Visit www.inpi.gov.br.
- Go to the trademark search section.
- Search for similar names, logos, or slogans.
📌 If a Similar Trademark Exists:
- Modify the brand name or logo to avoid legal issues.
- If the name is already in use, consult a trademark attorney to assess risks.
Step 2: Choose the Correct Trademark Classification
Trademarks are categorized under the Nice Classification System, which groups trademarks into 45 different classes based on industry.
📌 Common Franchise Trademark Classes:
- Class 35 – Retail business services.
- Class 43 – Food and restaurant services.
- Class 44 – Health and wellness businesses.
✅ Tip: Choose all relevant classes to ensure full brand protection.
Step 3: Submit the Trademark Application to INPI
After verifying availability, file the trademark application online via INPI.
📌 Documents Required:
✅ Franchise Name and Logo (if applicable).
✅ Business Owner’s CPF/CNPJ (Tax ID).
✅ Nice Classification Code for the industry.
✅ Trademark description (e.g., color specifications, design details).
✅ Application Fee Payment Receipt.
🚨 Important: If you’re registering a franchise system, your brand should be linked to a registered company (CNPJ) rather than an individual.
Step 4: Wait for INPI Examination and Opposition Period
📌 Trademark Examination Timeline:
1️⃣ Formal Review – INPI checks if the application is complete (2-3 months).
2️⃣ Publication in the INPI Gazette (RPI) – The application is made public.
3️⃣ Opposition Period (60 Days) – Competitors can file objections.
4️⃣ Substantive Examination – INPI evaluates if the trademark meets legal requirements (12-24 months).
5️⃣ Approval or Rejection – If approved, the applicant pays the final fee to complete registration.
Step 5: Receive the Trademark Certificate
Once approved, INPI issues a Trademark Registration Certificate, valid for 10 years, renewable indefinitely.
✅ The franchise can now use the ® symbol to indicate legal registration.
4. How to Use a Registered Trademark in a Franchise Agreement
Once the trademark is registered, the franchisor licenses it to franchisees through a Franchise Agreement (Contrato de Franquia).
📌 Key Trademark Clauses in a Franchise Agreement:
✅ Trademark Licensing Rights – Specifies how franchisees can use the brand name and logo.
✅ Geographic Restrictions – Defines whether the franchisee has territorial exclusivity.
✅ Brand Guidelines – Ensures that all franchisees maintain brand consistency.
✅ Royalty Payments – Outlines fees for using the trademark.
🚨 Without a Registered Trademark, the Franchise Agreement Has No Legal Protection!
5. What Happens If the Franchise Trademark Is Not Registered?
🚨 Legal Risks:
❌ Another company can register the name first and force the franchise to rebrand.
❌ Franchisees might create variations of the brand without control.
❌ Competitors can use a similar logo or name, confusing customers.
✅ Solution: Always register the trademark before expanding the franchise.
6. Can a Franchise Trademark Be Licensed to Multiple Franchisees?
Yes! A registered trademark can be licensed to multiple franchise locations.
📌 Steps to License a Franchise Trademark:
1️⃣ Sign a Licensing Agreement – Specifies how franchisees can use the brand.
2️⃣ Register the License with INPI – Makes the agreement legally binding.
3️⃣ Monitor Franchisees’ Trademark Use – Ensures compliance with branding rules.
✅ Example: McDonald’s® licenses its trademark to thousands of franchisees, ensuring consistent branding worldwide.
7. Common Mistakes to Avoid
❌ Not Registering the Trademark Before Expanding – Leads to brand ownership disputes.
❌ Registering Only the Business Name (Without a Logo) – A competitor could copy the brand design.
❌ Ignoring Trademark Renewals – A forgotten renewal can result in loss of ownership.
❌ Failing to Monitor Franchisees’ Use of the Brand – Some may alter the brand identity without permission.
Conclusion
Registering a franchise trademark with INPI is essential for legal protection, brand exclusivity, and business expansion. Without registration, franchises risk legal conflicts, brand dilution, and financial loss.
✅ Conduct a trademark search to check name availability.
✅ Register the trademark before signing franchise agreements.
✅ Use a licensing agreement to control franchisees’ trademark use.
✅ Monitor and renew the trademark every 10 years.
By securing trademark rights early, franchise owners can protect their brand and ensure long-term business success.
