When thinking of trademark registration, our clients usually relate the process to high values, bureaucracy and waste of time. However, the registration process in Brazil is well organized and does not have a lot of bureaucracy, once that everything is done electronically and the documentation is simplified (no notarization required). But the value should be understood as an investment in an asset of the company that is willing to expand abroad, as well as the expectation of rights is already guaranteed at the moment of the application.
Here comes the question, “but why do I need to register my trademark in Brazil?”: After the difficulty and the long road to get to the idealization of the brand and decide to explore the market overseas, the second step is to ensure that all this work has not been in vain, but bring more and more benefits for the company. It is the mark that will enable consumers to identify the quality of the product or service in order to distinguish it visually from competitors in the market, further strengthening the company’s image and confidence in the consumer. It is also the registration with the BPTO (Brazilian Patent and Trademark Office) that allows actions to be brought against third parties in bad faith who are trying to copy the company’s identity and divert clientele. Another point is that the trademark registration is an asset that can be transferred or licensed, generating more income.
Important to remember that Brazil adopts the attributive system, where the first to apply and obtain the registration of the trademark guarantee their use, ownership and exclusivity. That is, the trademark registration is a protection and enhancement of security of company assets, since the absence of the trademark with the BPTO allows anyone to perform the application for registration of the mark and thus acquires the right and exclusive use in the Brazilian Market. To learn more about the procedure and importance of starting the registration process of your trademark in Brazil, contact us via email firstname.lastname@example.org or by phone +55 (51) 30221790.