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
