Introduction

For micro-entrepreneurs in Brazil, protecting a brand is essential to ensure business growth and credibility. The Microempreendedor Individual (MEI) is a special category of small business registration that allows entrepreneurs to operate legally with simplified taxation. However, many MEIs are unsure whether they should invest in trademark registration with the National Institute of Industrial Property (INPI – Instituto Nacional da Propriedade Industrial).

This article explores the benefits and challenges of registering a trademark as an MEI, the costs involved, the step-by-step process, and whether it is worth the investment.

What Is a Trademark, and Why Is It Important for MEI?

A trademark is any name, logo, symbol, or slogan that differentiates a business’s products or services from competitors. Registering a trademark grants exclusive rights to use it nationwide, preventing others from copying or using similar marks.

For MEIs, a registered trademark offers:

• Legal Protection: Prevents unauthorized use by competitors.
• Brand Credibility: Enhances trust with customers and partners.
• Competitive Advantage: Ensures brand uniqueness in the market.
• Monetization Opportunities: Allows licensing or franchising of the brand.

Is Trademark Registration Mandatory for MEI?

No, registering a trademark is not mandatory for MEIs. However, if an entrepreneur wants to protect their business name, logo, or brand identity, trademark registration is highly recommended.

Without a registered trademark, an MEI risks losing its brand if another business registers the same name first.

Advantages of Trademark Registration for MEI

1. Exclusive Rights Over the Brand

When an MEI registers a trademark, they receive exclusive nationwide rights to use that name or logo in their business category.

• Example: If an MEI named “Bella Doces” registers the trademark, no other company in the food industry can legally use that name in Brazil.

2. Protection Against Copycats

Many small businesses operate without trademark protection, making them vulnerable to brand theft.

• Without registration: Another company could register the MEI’s business name and force them to change it.
• With registration: The MEI can take legal action against unauthorized use.

3. Increased Brand Value and Trust

A registered trademark makes a business appear more professional and reliable.

• Customers feel more confident purchasing from a legally protected brand.
• Investors and partners are more likely to support a business with trademark security.

4. Ability to Expand and Franchise

As the business grows, an MEI may want to expand operations or license the brand to third parties.

• A registered trademark allows the entrepreneur to franchise or sell the brand in the future.

Disadvantages and Challenges for MEI

While trademark registration has many benefits, there are some challenges:

1. Costs Involved

Registering a trademark with INPI requires payment of several fees:

• Application Fee (MEI Discount): BRL 355 per class.
• Final Registration Fee (after approval): BRL 298.
• Renewal Fee (Every 10 Years): BRL 710.

For MEIs with limited budgets, these costs can be an obstacle.

2. Lengthy Processing Time

The trademark registration process in Brazil takes 12 to 24 months.

• During this period, there is no guarantee that the trademark will be approved.
• The business must monitor the process and respond to any legal challenges or oppositions.

3. Risk of Rejection

If the chosen trademark is too generic or similar to existing brands, INPI may reject the application.

• To avoid rejection, an MEI should conduct a trademark search before applying.

Step-by-Step Guide to Registering a Trademark as MEI

If an MEI decides that trademark registration is worth it, they must follow these steps:

Step 1: Conduct a Trademark Search

Before applying, the MEI should search INPI’s database to check if the trademark is already registered.

• Visit INPI’s website and use the trademark search tool.
• If a similar trademark exists, modify the brand name to avoid conflicts.

Step 2: Select the Correct Classification

Trademarks are categorized based on Nice Classification (NCL), which includes 45 classes for products and services.

• The MEI must choose the correct class that matches their business activity.

Step 3: Submit the Application Online

• Access INPI’s e-INPI system.
• Provide business details, trademark description, and classification.
• Upload necessary documents, including MEI registration.
• Pay the application fee of BRL 355.

Step 4: Trademark Publication and Opposition Period

• INPI publishes the application in the Official Gazette (Revista da Propriedade Industrial – RPI).
• Third parties have 60 days to file oppositions.
• If an opposition occurs, the MEI must defend the application by submitting a legal response.

Step 5: INPI Examination

• INPI reviews the application to determine if the trademark meets legal requirements.
• This process takes 12 to 24 months.

Step 6: Approval and Final Registration Fee Payment

• If INPI approves the application, the MEI must pay the final registration fee (BRL 298).
• After payment, INPI issues the Trademark Registration Certificate.
• The trademark is valid for 10 years, renewable indefinitely.

Is Trademark Registration Worth It for MEI?

Factor	Worth It?
Business name is unique and valuable	✅ Yes
MEI plans to expand the brand in the future	✅ Yes
Business is in a competitive industry	✅ Yes
MEI has a limited budget	❌ May be difficult
Business name is very generic	❌ Likely to be rejected

In general, trademark registration is highly recommended for MEIs that:

• Want to protect their brand identity from competitors.
• Plan to grow their business and expand to other markets.
• Have a unique name that could be copied by others.

However, if an MEI operates locally and does not plan to expand nationally, trademark registration may not be necessary immediately.

Alternative Ways to Protect a Brand Without Trademark Registration

If an MEI cannot afford trademark registration, other methods can provide some protection:

• Register the business name with Receita Federal (CNPJ registration confirms name ownership).
• Use contracts and non-disclosure agreements (NDAs) to protect branding when working with suppliers.
• Build strong brand recognition (having a well-known name reduces the risk of others copying it).

Conclusion

For MEIs, trademark registration is a valuable investment that offers legal security, market exclusivity, and brand recognition. While there are costs and a lengthy process involved, securing a trademark can prevent legal disputes and protect business growth in the long term.

For those with limited budgets, it may be possible to start operating without registration and apply later as the business grows. However, in competitive industries, registering a trademark early is the best way to ensure exclusivity and legal protection.