Introduction
Registering a trademark grants a business exclusive rights to use its brand name, logo, or slogan within a specific industry. However, trademark protection is not permanent—in Brazil, a trademark must be renewed every 10 years with the National Institute of Industrial Property (INPI – Instituto Nacional da Propriedade Industrial) to maintain its validity.
Failure to renew a trademark can have serious consequences, including the loss of legal rights, the possibility of another business registering the same name, and the risk of brand identity theft.
This article explores what happens if you don’t renew your trademark, the potential risks involved, and how to prevent the loss of your brand’s legal protection.
Why is Trademark Renewal Important?
Trademark renewal is crucial for ensuring continued legal protection and exclusive brand rights. Renewing your trademark:
✔ Maintains brand ownership – Ensures exclusive rights to use the name and logo. ✔ Prevents competitors from taking the trademark – Avoids legal disputes and brand loss. ✔ Protects brand value – A registered trademark is a valuable business asset. ✔ Avoids rebranding costs – Saves money by preventing forced rebranding.
Neglecting to renew a trademark can result in irreversible loss of rights.
What Happens If a Trademark Is Not Renewed?
If a trademark renewal is not completed before the expiration deadline, the following can occur:
1. The Trademark Becomes Expired
- A registered trademark in Brazil is valid for 10 years.
- If not renewed, the trademark expires, meaning the owner loses exclusive rights.
- Once expired, the trademark is removed from INPI’s database.
⏳ Grace Period:
- INPI allows a 6-month grace period after expiration for late renewal, but with additional fees.
- If still not renewed, the trademark is completely canceled.
2. Other Businesses Can Register the Trademark
- Once a trademark is canceled, it becomes available for registration by competitors.
- A new company can legally claim ownership of the brand name and logo.
- The previous owner cannot reclaim the trademark unless they reapply—but with no guarantees of approval.
✅ Example: A restaurant named “Sabor Tropical” forgets to renew its trademark. Six months later, another business registers “Sabor Tropical” as their own. The original restaurant loses all rights to use the name.
3. You May Be Forced to Rebrand
- If another company registers the expired trademark, the original owner can no longer use it.
- Businesses may be forced to change their brand name, logo, packaging, and marketing materials.
- Rebranding involves high costs, lost brand recognition, and customer confusion.
💸 Rebranding Costs Can Include:
- New logos, signage, and packaging.
- Changes to website domains, social media handles, and promotional materials.
- Customer communication campaigns to announce the new brand name.
4. Legal Risks and Trademark Infringement Issues
- If a business continues using an expired trademark after another company registers it, they could face legal action for trademark infringement.
- The new trademark owner may demand that the original company cease operations under that name.
- Businesses risk financial penalties or lawsuits.
✅ Example: A clothing brand “Urban Style” forgets to renew its trademark. Another company registers “Urban Style” and sends a legal notice demanding the original company stop using the name. The original business is forced to change its branding or face a lawsuit.
5. Loss of Brand Recognition and Customer Trust
- A brand name represents years of business growth, customer loyalty, and marketing investment.
- Losing a trademark means losing the ability to legally enforce brand identity.
- Customers may become confused, reducing brand credibility and loyalty.
📉 Effects of Losing Brand Recognition:
- Customers may associate the brand with another company.
- Business partners and suppliers may lose confidence in the brand’s stability.
- Sales and revenue may decline due to market confusion.
How to Renew a Trademark in Brazil
To avoid losing a trademark, businesses must complete the renewal process before expiration.
Step 1: Check the Renewal Deadline
- Trademark protection lasts 10 years from the registration date.
- The renewal request can be filed 1 year before the expiration date.
- INPI provides a 6-month grace period after expiration, but with late fees.
Step 2: Submit the Renewal Request
- Access INPI’s e-INPI system.
- Locate the trademark under “Meus Pedidos” (My Applications).
- Fill out the renewal request form.
- Pay the official renewal fee.
Step 3: Confirm and Monitor the Renewal Process
- After payment, monitor INPI’s Official Gazette (Revista da Propriedade Industrial – RPI) for confirmation.
- Once approved, the trademark remains valid for another 10 years.
📌 Renewal Costs (2024 Estimates):
| Category | Renewal Fee (BRL) |
|---|---|
| Individual/Microenterprise (MEI) | R$ 426 |
| Large Companies | R$ 852 |
| Late Renewal Fee | +25% additional charge |
What If a Trademark Has Already Expired?
If the 6-month grace period has passed and the trademark is fully canceled:
- Reapply for Trademark Registration
- If the brand name is still available, file a new application.
- The process takes 12-24 months for approval.
- Monitor for New Registrations
- If another company registers the trademark, legal recovery options are limited.
- Businesses may need to negotiate for trademark rights.
- Consider Rebranding
- If registration is no longer possible, businesses may need to create a new brand identity.
How to Prevent Trademark Expiration
✔ Set Up Renewal Reminders – Use business calendars and alerts to track renewal deadlines. ✔ Monitor Trademark Status – Regularly check INPI’s website to ensure renewal is on time. ✔ Hire a Trademark Attorney – A legal expert can handle trademark monitoring and renewals. ✔ Renew in Advance – File the renewal as early as 1 year before expiration.
Conclusion
Failing to renew a registered trademark can have serious consequences, including loss of brand rights, legal risks, forced rebranding, and financial losses. If a trademark expires, other businesses can legally claim ownership, potentially causing business disruption and customer confusion.
To protect brand identity and market exclusivity, businesses should track renewal deadlines, file renewal applications on time, and monitor their trademark status.
By maintaining an active trademark registration, businesses ensure long-term brand security, legal protection, and continued growth in the marketplace.
