Introduction

Some trademarks go beyond standard protection and receive special legal status due to their strong recognition and reputation. In Brazil, these trademarks are classified as Well-Known Trademarks (Marca de Alto Renome) and Highly Renowned Trademarks (Marca Notoriamente Conhecida).

These categories offer stronger protection than regular trademarks, preventing others from using similar names or logos even in completely different industries.

In this article, we’ll explain the difference between these two trademark types, how to apply for special status, and why they matter for businesses.

1. What Is a Well-Known Trademark (Marca de Alto Renome)?

A Well-Known Trademark (Marca de Alto Renome) is a highly recognized brand in Brazil that receives nationwide protection across all industries.

✅ Legal Benefits:

• Total exclusivity – No other company, even in unrelated industries, can use a similar name or logo.
• Stronger legal protection – Courts automatically favor well-known trademarks in infringement cases.

✅ Example of Well-Known Trademarks in Brazil:

• Nike® – Cannot be used for clothing, food, or technology by another company.
• Coca-Cola® – No competitor can use this name, even in non-beverage markets.
• Apple® – The brand name is protected beyond electronics and software.

🚨 Key Requirement: The brand must be widely recognized by the general public in Brazil.

2. What Is a Highly Renowned Trademark (Marca Notoriamente Conhecida)?

A Highly Renowned Trademark (Marca Notoriamente Conhecida) is a trademark known internationally that receives protection in Brazil even if it is not registered with INPI.

✅ Legal Benefits:

• The trademark is protected against unauthorized use in Brazil, even without a Brazilian trademark registration.
• Based on international agreements, including the Paris Convention.

✅ Example of Highly Renowned Trademarks:

• McDonald’s® – Even if not registered in Brazil, no one can use the name or logo.
• Google® – A company cannot register “Google” in Brazil under another industry.

📌 Key Difference from Well-Known Trademarks:

• Well-Known Trademarks (Alto Renome) require INPI recognition.
• Highly Renowned Trademarks (Notoriamente Conhecida) are automatically protected based on global reputation.

3. How to Apply for Well-Known Trademark Status in Brazil?

To obtain Well-Known Trademark (Alto Renome) status, businesses must apply through INPI and prove that the trademark is widely recognized in Brazil.

Step 1: File a Request with INPI

✅ Eligibility Requirement: The trademark must already be registered in Brazil.

📌 Required Documents:
1️⃣ Market Research Reports – Surveys proving that consumers recognize the brand nationwide.
2️⃣ Sales and Financial Data – Evidence of strong market presence in Brazil.
3️⃣ Advertising Materials – Campaigns that show the brand’s high visibility.
4️⃣ Legal Precedents – If the brand has won previous trademark disputes.

Step 2: INPI Examination

• INPI analyzes the application, considering brand recognition, reputation, and impact.
• The process can take several months to a year.

Step 3: Approval and Special Protection

• If approved, the trademark is protected across all industries, preventing unauthorized use in unrelated business areas.

✅ Example: If Nike® is recognized as a Well-Known Trademark, no company can launch Nike Restaurants or Nike Airlines in Brazil.

4. What Happens If Someone Tries to Register a Well-Known or Highly Renowned Trademark?

🚨 If an Unauthorized Business Tries to Register a Similar Trademark:

• The original trademark owner can file an opposition with INPI.
• If the case reaches court, the judge almost always favors the well-known brand.

🚨 If a Business Uses a Well-Known Trademark Without Permission:

• The trademark owner can demand immediate removal.
• The company using the name may face financial penalties.

✅ Example Case in Brazil:

• A local clothing company tried to register McDonald’s Jeans but was blocked by McDonald’s® lawyers.

5. Why Does Well-Known Trademark Status Matter?

✅ Prevents Brand Theft – No business can register or use a similar name.
✅ Expands Legal Protection – Ensures nationwide exclusivity.
✅ Strengthens Business Value – A well-known brand has higher market worth.

6. Common Mistakes to Avoid

❌ Assuming a Famous Brand Is Automatically Protected – Well-Known Status requires an official INPI application.
❌ Not Renewing the Trademark – Even well-known trademarks must be renewed every 10 years.
❌ Ignoring Infringements – Failing to act against unauthorized use weakens brand protection.

Conclusion

Well-Known Trademarks (Marca de Alto Renome) and Highly Renowned Trademarks (Marca Notoriamente Conhecida) offer stronger protection than standard trademarks in Brazil. By securing INPI recognition, businesses ensure total exclusivity over their brand, preventing unauthorized use in any industry.

✅ If your brand is widely recognized, applying for Well-Known Trademark status ensures long-term protection and higher business value.