Introduction

A business logo is a crucial visual element that distinguishes a brand from competitors. It represents the company’s identity, credibility, and market presence. However, if a logo is not legally protected, competitors can copy, modify, or misuse it, leading to brand confusion and financial losses.

In Brazil, a business logo can be registered as a trademark through INPI (Instituto Nacional da Propriedade Industrial), ensuring exclusive rights and legal protection. This article explains how to trademark a logo in Brazil, the required steps, and how to enforce your rights.

1. Why Should You Trademark a Business Logo?

✅ Prevents Unauthorized Use – Competitors cannot legally copy or modify your logo.
✅ Grants Exclusive Rights – The logo is legally owned by your business.
✅ Strengthens Brand Recognition – A registered logo builds customer trust and market credibility.
✅ Provides Legal Protection – If another company uses a similar logo, you can take legal action.

📌 Example:

• If McDonald’s had not trademarked its Golden Arches, any restaurant could use a similar design.
• A fashion brand launches with a unique logo, but without trademark protection, a competitor copies it and legally claims ownership.

2. What Types of Logos Can Be Trademarked?

2.1 Figurative Trademarks (Logo Only)

• Protects the visual design without words.
• Example: Nike’s Swoosh logo (without the name “Nike”).

2.2 Mixed Trademarks (Logo + Name)

• Protects the logo and brand name together.
• Example: Starbucks logo with text.

📌 Best Practice: A Mixed Trademark (Logo + Name) provides full protection.

3. Step-by-Step Guide to Trademarking a Logo in Brazil

Step 1: Verify If the Logo Is Available

Before applying, check if a similar logo is already registered.

🔍 How to Search for Similar Logos on INPI:
1️⃣ Visit www.inpi.gov.br.
2️⃣ Access the trademark search tool.
3️⃣ Look for logos with similar shapes, colors, or designs.

🚨 If a Similar Logo Exists:

• Modify your logo design before applying.
• Consult a trademark specialist for legal assessment.

Step 2: Choose the Correct Trademark Classification

Logos must be registered under the correct industry category.

📌 Common Trademark Classes for Logos:

• Class 25 – Clothing brands.
• Class 30 – Food and beverage products.
• Class 35 – Business and marketing services.

✅ Tip: If the logo represents multiple products/services, register it under multiple classes.

Step 3: Prepare the Logo File for Submission

📌 Logo Format Requirements:
✅ High-resolution JPEG or PNG file.
✅ Transparent or white background.
✅ Clear, unmodified design (no descriptions or extra elements).

Step 4: File the Trademark Application with INPI

1️⃣ Log into INPI’s online system.
2️⃣ Fill out the trademark application, providing:

• Business name and logo file.
• Correct classification (Nice Classification).
• Owner’s CPF/CNPJ.
  3️⃣ Pay the application fee and submit the request.

📌 Processing Time: 12-24 months for approval.

Step 5: Monitor the Opposition Period

• After submission, the application is published in the INPI Gazette (RPI).
• Competitors have 60 days to file opposition requests.

🚨 If Opposed:

• Submit a legal defense proving your right to the logo.

Step 6: Receive the Trademark Registration Certificate

• If no opposition is raised, INPI approves the trademark.
• You receive a registration certificate, valid for 10 years, renewable.

✅ The logo can now display the ® symbol to indicate legal protection.

4. How to Enforce Logo Trademark Rights?

4.1 Monitor Logo Use in the Market

✅ Check for similar designs in advertising, social media, and e-commerce.
✅ Use Google Reverse Image Search to detect logo copies.
✅ Monitor INPI for new logo applications.

4.2 Take Action Against Logo Infringement

🚨 Step 1: Send a Cease-and-Desist Letter

• If a competitor copies your logo, demand immediate removal.

🚨 Step 2: File a Trademark Infringement Complaint

• Report violations to INPI or Brazilian courts