What is it?
In Brazil, the Registration of trademarks is made at INPI – National Institute of Industrial Property and it has as its objective to protect and ensure the exclusiveness in the use of the brand all over the national territory.
The system of trademark registration adopted in Brazil is attributive of rights, that is, its property and its exclusive use are only acquired after the registration.
It is important to emphasize, in addition, that the analysis is made by anteriority, that is, the one who registers first has priority of registration.
Get to know the process of registration
Advantages of having a registered trademark.
Registering your brand is the only way to ensure that you have right over it.
Besides the exclusiveness over your brand, the registration allows the paid licensing, exempt of the risk over use suspension, indemnity guarantee in case of improper use by third person, appreciation of the trademark in the social capital of the company, among other advantages.
A brand that you have already consolidated and your clients already recognize you by it, is not yours until you register.
Risks of not registering the trademark
Do you know how many companies are there in Brazil? Have you ever thought that by this moment someone can be creating a company and considering the same brand as you?Have you ever thought that, after years of work, care and affection with your brand, you can find out that it has already been registered?
Besides you have dedicated time and money to promote your brand, you have run the risk of having to pay indemnity. Exactly! If somebody register your brand before you, you can be notified and have to pay for using it without authorization.
A decision of denial of request of the registration of trademark does not mean that the process is finished. When the requesting person understands that the decision must be reformed or invalidated in the total or partially, it is liable of defense and resource. Our legal team is totally prepared to help understanding the reason for denial and how to enter in defense.
Notifications about misuse
By finding that your registered trademark is being used in the market by another company, Garra Trademarks informs and notifies the other part about the misuse.
The notification needs to quote the laws that the notified is infringed, which the duties are and implications, making clear that the use of the trademark is immediately interrupted.
In case you have received this notification, it is important to make a survey to check if it is really infringing rights of the third people and to respond to the notification. In opposite way, the notifying can enter a process that can bring many difficulties. Count on the help of an expert professional in order to acknowledge about what to do and how to respond.
More agility, safety and efficiency. Garra Trademarks uses a technology that is able to monitor, identify and inform by email any movement in the process of registration of the trademark. Do not lose deadline at INPI with the monitoring of process. Losing deadlines can mean losing your trademark.
Our systems track and inform other trademarks that can collide with your brand, so that we can act preventively.
The services of international registrations provided by Garra Trademarks are made by a team of expert professionals together with our international partners, making sure to deliver custom, qualified and on time work.
FAQ REGISTER OF TRADEMARKS
According to INPI (National Institute of Industrial Property), Trademark is a distinctive sign whose main functions are to identify the origin and to distinguish products or services from other identical, similar or related ones of different origin.
No. According to the Law of Intellectual Property, for a trademark to be liable of registration it needs to be original, as in its writing as in its pronunciation. Besides, there are other dozens of rules to be analyzed.
Do not forget: it is always necessary to perform a search of anteriority, in order to identify possible registrations that prevent the new trademark.
Is it is registered in Brazil, the registration of the trademark is valid all over the country.
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