Your trademark is one of your business’s most valuable assets, representing your brand identity, reputation, and exclusivity in the market. However, what happens if someone copies your brand name, logo, or slogan? Trademark infringement can harm your business, create confusion among customers, and even lead to financial losses.
If you discover that your trademark is being used without authorization, you need to act quickly and strategically to protect your rights. In this article, we will explain:
✔ How to identify trademark infringement
✔ The legal actions you can take
✔ Steps to prevent future violations
How to Identify If Your Trademark Has Been Copied
Before taking legal action, it is important to confirm that your trademark rights are being violated. Here are some signs of possible infringement:
1. Similar or Identical Use of Your Trademark
🔍 Another company is using your brand name, logo, or slogan in the same industry or related market.
Example: You own the registered brand “EcoFit” for organic food, and another company starts selling similar products under the name “EcoFitness.”
2. Consumer Confusion
📌 Customers are mistaking the other company for yours, thinking they are buying from your brand.
Example: People contact you about products or services you do not offer because they confuse the copied brand with yours.
3. Reputation Damage
⚠️ The unauthorized use of your brand is associated with poor-quality products or bad customer service, negatively affecting your business.
4. Direct Financial Impact
💸 You are losing sales because customers are buying from the copied brand, thinking it is yours.
If any of these situations apply to you, it’s time to take legal action.
Legal Actions to Take If Your Trademark Is Copied
If you have a registered trademark with the INPI (Instituto Nacional da Propriedade Industrial) in Brazil, you have exclusive rights over its use. Here’s what you can do:
Step 1: Gather Evidence of Infringement
✔ Screenshots of the unauthorized use of your brand (website, social media, packaging, advertisements).
✔ Customer complaints or confusion reports.
✔ Proof of your trademark registration (INPI certificate).
✔ Any contracts or legal agreements showing that the infringer had knowledge of your trademark.
Step 2: Send a Cease and Desist Letter
A Cease and Desist Letter is an official legal notice informing the infringer that they must stop using your trademark immediately. It typically includes:
📌 Proof of your trademark ownership
📌 Evidence of infringement
📌 A deadline for them to stop using your brand
🚨 When to Use This?
- If the infringement just started
- If you want to solve the issue without going to court
- If you want to warn the infringer before taking legal action
Step 3: File an Opposition with INPI (If the Copycat Is Trying to Register Your Trademark)
If the infringer has applied to register the copied brand with INPI, you can file an opposition to block their registration.
📌 The opposition period is 60 days from the trademark’s publication in the Revista da Propriedade Industrial (RPI).
📌 If the infringer’s trademark is already registered, you can file for administrative nullity to cancel their registration.
🚨 When to Use This?
- If the infringer tries to register your brand with INPI
- If your trademark is already registered, and you need to challenge their application
Step 4: Take Legal Action for Trademark Infringement
If the infringer does not stop after receiving a Cease and Desist Letter, you can file a lawsuit in Brazilian courts.
Legal measures include:
✔ Trademark infringement lawsuit – Requesting the immediate removal of the copied brand
✔ Compensation claim – Seeking financial compensation for damages
✔ Seizure of counterfeit products – If fake or unauthorized goods are being sold with your brand name
🚨 When to Use This?
- If the infringer refuses to stop
- If you suffered financial damage
- If there is clear consumer confusion
Step 5: Report Online Infringement
If someone is misusing your trademark on digital platforms, you can report the violation directly to websites and social media platforms:
📌 Instagram, Facebook, and TikTok – Use the Trademark Violation Report form.
📌 Google Ads & YouTube – File a trademark complaint to stop unauthorized ads.
📌 E-commerce Platforms (Shopee, Mercado Livre, Amazon, etc.) – Request removal of counterfeit or unauthorized products using your brand.
🚨 When to Use This?
- If the copycat is using your brand on social media or online stores
- If you want fast removal of the infringing content
How to Prevent Trademark Infringement in the Future?
✔ Register Your Trademark with INPI
- This gives you exclusive rights and legal protection.
✔ Monitor Your Brand Regularly
- Check the INPI database and RPI publications for potential trademark conflicts.
✔ Use Brand Monitoring Tools
- Services like Google Alerts and trademark watch agencies can help detect unauthorized use of your brand.
✔ Include Trademark Protection Clauses in Contracts
- If you work with distributors, partners, or franchises, ensure your contracts prevent them from misusing your trademark.
Conclusion: Protect Your Trademark and Your Business
If your trademark is copied, you must act quickly and strategically to prevent financial losses and damage to your brand’s reputation.
Start with a Cease and Desist Letter, escalate to INPI opposition or legal action if necessary, and use online reporting tools for digital cases.
By registering and monitoring your brand, you can prevent future infringements and maintain your business’s exclusivity in the market.
