Introduction

A trademark search is a crucial first step before applying for a trademark registration. It involves checking whether a brand name, logo, or slogan is already registered or in use by another company. In Brazil, this search is conducted through the National Institute of Industrial Property (INPI – Instituto Nacional da Propriedade Industrial) database.

Many entrepreneurs and businesses overlook this step, assuming that if a name is available for a website domain or social media, it is also free for trademark registration. However, skipping a trademark search can lead to legal disputes, rejection of the application, and costly rebranding efforts.

This article explores what a trademark search is, why it is essential, and how to conduct one effectively to ensure brand protection and avoid legal complications.

What is a Trademark Search?

A trademark search is an analysis conducted before filing a trademark application to determine whether the desired brand name or logo is already registered or in conflict with existing trademarks.

This process helps businesses:

• Avoid trademark infringement and legal disputes.
• Ensure the brand name is available for registration.
• Reduce the risk of rejection by INPI.
• Save time and money by preventing rebranding due to conflicts.

A trademark search can be done manually or with the help of a trademark attorney for more detailed research.

Why is a Trademark Search Essential?

1. Prevents Legal Conflicts

Registering a trademark without checking for existing registrations can lead to legal disputes and lawsuits.

• If another company owns the trademark, they can file an opposition or take legal action.
• Legal conflicts can result in financial losses and forced rebranding.

✅ Example: A small clothing brand launches under the name “BlueSky Fashion,” only to discover that a national retailer already owns the “BlueSky” trademark. This forces the small brand to change its name, logo, and marketing materials, resulting in additional costs.

2. Avoids Trademark Application Rejection

INPI rejects applications that are identical or too similar to existing trademarks.

• If a brand name is already registered, the application will likely be denied.
• Applicants lose the non-refundable fees paid for filing.

✅ Example: A tech startup applies for “SmartTech” as a trademark, but INPI rejects it because “SmartTek” was previously registered in the same industry.

3. Protects Business Investments

Building a brand requires significant marketing, advertising, and packaging investments.

• If a trademark is rejected after launching a business, companies may need to rebrand completely.
• Changing a brand name can lead to customer confusion and loss of brand recognition.

✅ Example: A coffee shop spends thousands of reais on branding, signage, and promotional materials, only to be forced to change its name due to trademark infringement.

4. Ensures Brand Exclusivity

A trademark search helps businesses choose a unique and legally protectable name.

• A distinctive name is easier to register and defend legally.
• Reduces the risk of competitors using similar names.

✅ Example: Instead of choosing a generic name like “Best Pizza,” a restaurant selects “Pizzalicious,” a unique and available trademark.

5. Saves Time and Money

Trademark searches help businesses avoid wasted efforts on names that are already taken.

• Filing fees are non-refundable if an application is denied.
• Businesses can focus on brand-building with confidence.

✅ Example: A company checks the INPI database before filing and finds that “EcoGreen” is already registered. Instead of risking rejection, they choose “VerdePlanet” as their new brand name.

How to Conduct a Trademark Search in Brazil

A trademark search in Brazil can be done using INPI’s online system. Follow these steps:

Step 1: Access the INPI Trademark Database

• Visit the INPI website (www.gov.br/inpi).
• Go to the Marca (Trademark) search tool.

Step 2: Search for the Desired Name

• Enter the exact brand name you want to register.
• Check phonetic variations (e.g., “SmartTech” vs. “SmartTek”).

Step 3: Analyze Similar Trademarks

• Look for trademarks in the same classification (Nice Classification – NCL).
• If a similar trademark exists, determine if it operates in the same industry.

Step 4: Check Trademark Status

• A trademark might be active, pending, expired, or abandoned.
• If a mark is expired, it may be available for registration.

Step 5: Consider a Professional Trademark Search

• Hiring a trademark attorney ensures a detailed search, including international trademarks.
• Attorneys can analyze legal risks and registration feasibility.

Types of Trademark Searches

There are different levels of trademark searches, depending on how detailed the research needs to be.

1. Basic Search (Free)

• Conducted manually on INPI’s website.
• Checks for exact matches but may not detect similar names.

2. Advanced Search (Recommended for Serious Businesses)

• Includes phonetic and visual similarity analysis.
• Covers multiple industry classes.
• Performed by trademark professionals.

3. International Search

• For businesses planning to expand globally.
• Uses WIPO’s Global Brand Database to check for conflicts in multiple countries.

What to Do If Your Desired Trademark Is Already Registered

If a name is already taken, there are still options:

1. Modify the Name: Add unique elements (e.g., “BlueSky Wear” instead of just “BlueSky”).
2. Check Other Classes: If a trademark exists in a different industry, it may still be possible to register.
3. Negotiate with the Trademark Owner: Some companies sell or license their trademarks.
4. File an Opposition or Cancellation Request: If a trademark was registered in bad faith, legal action may be possible.

Common Mistakes to Avoid in Trademark Searches

1. Only Searching on Google or Social Media – A name being available on Instagram does not mean it is legally available.
2. Ignoring Similar Variations – INPI may reject names that are too similar in sound or appearance.
3. Not Checking Industry Classification – Trademarks are registered within specific Nice Classes.
4. Skipping a Professional Search – Businesses with serious brand ambitions should invest in expert analysis.

Conclusion

A trademark search is an essential step before registering a brand. It helps businesses avoid legal issues, rejection, and financial losses, ensuring that a brand name is unique, protectable, and marketable.

By conducting a thorough search before registration, businesses can confidently move forward, knowing that their brand is secure and legally protected. Investing time in a trademark search today can save significant costs and complications in the future.