Introduction
Registering a trademark with INPI (National Institute of Industrial Property) in Brazil gives you exclusive rights to use your brand in the market. However, many business owners face a common problem: someone else starts using their registered trademark. This situation can lead to customer confusion, financial losses, and brand dilution. In this article, we’ll explain what to do if you discover that someone is improperly using your registered trademark.
1. How to Identify Trademark Infringement?
Trademark infringement occurs when a third party uses an identical or confusingly similar trademark to promote similar products or services without authorization. Here’s how to identify if your brand is being misused:
🔹 A competitor is using a similar name, logo, or slogan in the same industry.
🔹 Consumers are confusing your brand with another business.
🔹 Someone is selling counterfeit versions of your product.
🔹 Another company is profiting from your brand reputation.
If you notice any of these signs, take immediate action to protect your trademark rights.
2. Steps to Take If Someone Is Using Your Trademark
2.1. Gather Evidence of Infringement
Before taking legal action, collect evidence that proves the unauthorized use of your trademark. This can include:
✅ Screenshots of websites, social media, or advertisements.
✅ Copies of invoices, promotional materials, or product packaging.
✅ Customer complaints or feedback about confusion between the brands.
The more evidence you collect, the stronger your case will be.
2.2. Contact the Infringing Party
Sometimes, the infringing party may not be aware that they are violating your trademark rights. A good first step is to send a formal notice requesting that they stop using your trademark.
🔹 Send a cease-and-desist letter explaining your legal rights.
🔹 Be professional and firm, but not aggressive.
🔹 Provide a deadline for them to stop the infringement.
Many cases are resolved at this stage without needing legal action.
2.3. File a Complaint with Online Platforms
If the infringement is happening online, you can report the issue directly to platforms like:
🔹 Instagram, Facebook, YouTube, and TikTok (for trademark misuse on social media).
🔹 E-commerce platforms like Shopee, Amazon, and Mercado Livre (for counterfeit sales).
🔹 Google (to remove misleading ads).
Most platforms have intellectual property protection policies and may take down infringing content.
2.4. File an Official Complaint with INPI
If the infringer has filed for a trademark registration that conflicts with yours, you can oppose their application through INPI.
🔹 Submit an opposition request within 60 days of the publication of the conflicting trademark in the INPI Bulletin.
🔹 Provide legal arguments and proof of your prior registration.
If the infringing trademark is already registered, you may need to request cancellation of the registration through INPI.
2.5. Take Legal Action
If the infringer refuses to stop using your trademark, legal action may be necessary. A trademark lawyer can help you:
✅ File a lawsuit for trademark infringement.
✅ Request compensation for damages caused by the misuse.
✅ Obtain a court order to stop the infringing party from using your brand.
In some cases, the court may order the destruction of counterfeit products or even impose fines on the infringer.
3. How to Prevent Future Trademark Infringement?
To protect your brand and avoid similar problems in the future, follow these best practices:
🔹 Monitor your trademark regularly to detect unauthorized use.
🔹 Register your brand in multiple categories if necessary.
🔹 Use the ® symbol to show that your trademark is legally registered.
🔹 Take action quickly against potential infringers.
Conclusion
Discovering that someone is misusing your registered trademark can be frustrating, but you have legal options to protect your rights. The key is to act quickly and strategically by gathering evidence, sending formal notices, and, if necessary, taking legal action. By being proactive, you can ensure that your brand remains strong and legally protected.
