Introduction
In the world of business, timing is everything—but when it comes to trademarks, “better safe than sorry” is the golden rule. Many entrepreneurs focus on product development, marketing strategies, and launch events while postponing trademark registration. However, failing to secure your brand name before launching a product can lead to legal battles, forced rebranding, and lost investments.
Registering a trademark before launching your product ensures legal exclusivity, prevents competitors from stealing your brand, and protects your business from costly legal disputes. As trademark experts say, “If you don’t own it, you can’t defend it.”
In this article, we will explore why early trademark registration is essential, the risks of delaying it, and how businesses can avoid costly mistakes.
1. What Happens If You Don’t Register Your Trademark Before Launch?
Many businesses assume that simply using a brand name first gives them legal rights. However, in Brazil, trademark rights are granted to the first to register with INPI (Instituto Nacional da Propriedade Industrial)—not the first to use it.
1.1 Risks of Delaying Trademark Registration
🚨 Someone Else Registers Your Brand First – If a competitor trademarks your brand name before you, they legally own it.
🚨 You Might Have to Rebrand – If your brand is already in use but unregistered, a registered trademark owner can force you to change your name.
🚨 Legal Disputes Can Be Expensive – Fighting for trademark rights in court can cost thousands in legal fees and take years to resolve.
🚨 Lost Brand Recognition and Marketing Investment – All the money spent on branding, advertising, and packaging could be wasted if you have to change your name.
📌 Example:
- A startup develops an innovative fitness app called “FitPro” and launches it without a trademark.
- After months of marketing and growth, another company trademarks “FitPro” and files a complaint with INPI.
- The original business is forced to change its name, lose its customer base, and start over.
🚨 Lesson: Registering your trademark early prevents ownership conflicts and protects your brand identity.
2. “The Early Bird Gets the Trademark”: Why Timing Matters
In Brazil, trademark rights are based on a first-to-file system, meaning whoever registers first gets legal ownership. Waiting until after launch puts your brand at risk.
✅ Registering early ensures you legally own your brand before it gains market value.
✅ It prevents competitors from capitalizing on your success and taking legal action against you.
✅ Your trademark application serves as legal proof that you own the brand, even before final approval.
📌 Tip: Trademark registration should be part of your business plan, not an afterthought.
3. How to Register Your Trademark Before Launching a Product
Step 1: Conduct a Trademark Search
🔍 Before investing in branding, check if your desired name is available.
✅ How to Check for Existing Trademarks in Brazil:
1️⃣ Visit www.inpi.gov.br.
2️⃣ Use the trademark search tool to find similar names.
3️⃣ Ensure your brand name is unique in your industry.
🚨 If a similar name exists:
- Modify your brand name before registering.
- Consult a trademark attorney to assess risks.
Step 2: File a Trademark Application with INPI
📌 Registering before launch ensures no one else claims your brand name while you prepare your product.
✅ How to Register a Trademark in Brazil:
1️⃣ Submit an application to INPI.
2️⃣ Select the correct Nice Classification (industry category).
3️⃣ Pay the trademark registration fee.
4️⃣ Monitor the opposition period (60 days) for challenges.
5️⃣ Once approved, the trademark is valid for 10 years, renewable indefinitely.
📌 Tip: A pending trademark application still provides legal advantages, such as the ability to oppose conflicting registrations.
Step 3: Secure Your Brand Name Across Digital Platforms
Trademark registration protects legal rights, but businesses should also secure their brand identity online.
🔹 Register Domain Names – Purchase .com, .com.br, and variations before launching.
🔹 Claim Social Media Handles – Secure your brand name on Instagram, Facebook, TikTok, LinkedIn, and Twitter.
🔹 Monitor for Unauthorized Use – Set up Google Alerts to detect potential misuse.
🚨 Example:
- A beverage company registers the “AquaViva” trademark.
- A competitor quickly buys AquaViva.com.br and starts selling similar products.
- The brand loses potential customers and faces a long legal battle to reclaim the domain.
📌 Lesson: Protecting your brand online is just as important as trademark registration.
4. “A Stitch in Time Saves Nine”: The Cost of Waiting
4.1 Legal and Financial Consequences of Late Registration
❌ Rebranding Costs – Changing a name means redesigning logos, packaging, marketing materials, and websites.
❌ Lost Customer Trust – Consumers may get confused or lose confidence in a rebranded business.
❌ Risk of Trademark Infringement Lawsuits – Operating under an unregistered brand name could lead to legal action.
❌ Competitors Can Benefit from Your Hard Work – If another business trademarks your name, they can sell under your reputation.
📌 Example:
- A fashion retailer uses “UrbanStyle” for years but never trademarks it.
- Another company registers “UrbanStyle” and legally stops the original business from using the name.
- The retailer must change everything—signs, packaging, website, and ads—resulting in major financial loss.
🚨 Lesson: The cost of trademark registration is far less than the cost of rebranding or legal disputes.
5. Common Mistakes to Avoid When Securing a Trademark
❌ Assuming Business Name Registration = Trademark Protection – A company name in Junta Comercial does not grant exclusive rights.
❌ Waiting Until After Product Launch to Register – Competitors may register your name first.
❌ Ignoring Trademark Monitoring – Failing to check for similar brands regularly.
❌ Skipping Digital Brand Protection – Not securing domain names and social media handles early.
📌 Tip: Always check trademark availability before designing logos, packaging, or marketing materials.
Conclusion
A trademark is not just a legal document—it is a shield that protects your brand’s identity, reputation, and future growth.
✅ Registering a trademark before launching your product prevents ownership disputes and financial losses.
✅ It ensures you control your brand name across all platforms—legal, digital, and social.
✅ It saves time, money, and stress by eliminating the risk of forced rebranding.
As trademark professionals say, “A brand without a trademark is like a house without a lock.” Secure your brand before competitors do and protect your business from unnecessary risks.
