How to File a Trademark with the Brazilian National Institute of Industrial Property - INPI

Introduction

Registering a trademark is a critical step for individuals and businesses seeking to safeguard their brand identity and intellectual property. In Brazil, the National Institute of Industrial Property (INPI) is the governing body responsible for handling trademark registrations. Whether you are a local entrepreneur looking to establish a strong presence in the Brazilian market or a foreign company aiming to expand your brand's reach to this vibrant country, understanding the trademark registration process with the INPI is essential.

Brazil's dynamic economy, diverse consumer base, and burgeoning entrepreneurial ecosystem make it an attractive destination for both domestic and international businesses. However, with such opportunities come challenges, particularly in protecting the uniqueness and integrity of your brand. Trademark registration with the INPI grants legal protection against potential infringers and counterfeits, ensuring that your brand is safeguarded and your efforts to build a strong reputation are not compromised.

In this comprehensive tutorial, we will guide you through the step-by-step process of filing a trademark with the Brazilian National Institute of Industrial Property. We will provide a clear distinction between the requirements for locals, who are residents or legal entities based in Brazil, and foreigners, who hail from other countries but seek to establish a foothold in this dynamic market.

Trademark Registration in Brazil: An Overview

Trademark registration in Brazil involves several steps, including conducting a viability search, completing the application form, paying the necessary fees, and monitoring the application's progress. It is essential to understand the distinct requirements for locals and foreigners when pursuing trademark registration.

Requirements for Locals

For Brazilian residents or legal entities based in Brazil, the process of trademark registration follows these steps:

Viability Trademark Search (Pesquisa de Viabilidade)

Before filing a trademark application, conducting a viability trademark search is highly recommended. This search helps determine if a similar or identical mark already exists in Brazil, avoiding potential conflicts and rejections later in the process.

Access the e-Marcas System:

To begin the trademark registration process, you must access INPI's e-Marcas system, the official platform for trademark applications in Brazil, following this link: https://gru.inpi.gov.br/emarcas/. Then, the following steps are:

A. Create an Account: if you don't have an account, you must create one on the INPI's website. Provide your personal or company details and follow the registration steps.

B. Log In: once your account is set up, log in to the e-Marcas system using your credentials.

C. Navigate to Trademark Registration: from the e-Marcas dashboard, select the option for "Trademark Registration" to initiate your application.

Payment of Fees:

Before filling out the trademark application form, you must pay the required fees through the GRU (Guia de Recolhimento da União). The fees vary based on the number of classes your trademark covers. Here's how to make the payment and obtain the GRU number:

A. Go to: https://gru.inpi.gov.br/pag/ and use your login credentials.

B. Insert your details.

C. Generate the Payment Slip (GRU): After accessing the e-Marcas system, it will generate a payment slip (GRU) with the total amount due.

D. Payment Options: you can pay the fee through various methods, such as online banking, credit card, or authorized banks.

E. Obtain the GRU Number: Once you complete the payment, you will receive a unique GRU number, which is crucial to proceed with the trademark application.

Filling out the Trademark Application Form:

With the GRU number in hand, you can proceed to complete the trademark application form in the e-Marcas system here: https://gru.inpi.gov.br/emarcas/. This step involves providing accurate and detailed information about your trademark and associated goods or services. Here's a step-by-step guide:

A. Trademark Information: provide the details of your trademark, including the name, logo, or any distinctive elements you wish to register.

B. Goods and Services Classification: choose the appropriate classes of goods or services with which your trademark will be associated. This classification ensures the protection of your brand in specific industries.

C. Description of Goods/Services: provide a clear and concise description of the products or services associated with your trademark.

D. Supporting Documents: if applicable, attach any supporting documents required by the INPI, such as a graphical representation of your logo.

E. Declaration of Use: you must declare that you have used or have a bona fide intention to use the trademark in commerce.

Monitoring the Application

Once the application is submitted, you can monitor its progress through the e-Marcas system. The INPI will review the application and may request additional documents or information.

Trademark Registration

If the application meets all requirements and there are no objections or opposition from third parties, INPI will grant the trademark registration.

Requirements for Foreigners

Foreign individuals or companies seeking trademark registration in Brazil must follow specific steps, including appointing a local representative:

Appointing a Local Representative

One of the primary requirements for foreign applicants is appointing a local attorney or representative residing in Brazil who will act on behalf of the foreign applicant throughout the entire trademark registration process and will serve as the official point of contact with the Brazilian National Institute of Industrial Property (INPI). The local representative will have the expertise and knowledge of Brazilian trademark laws and regulations, ensuring a smooth and compliant application process.

The local representative will:

Conduct a Viability Trademark Search: The local representative will check if the proposed trademark is available and does not infringe on existing trademarks.
Access the e-Marcas System: The local representative will use their credentials to access INPI's e-Marcas system.
Fill out the Application Form: The local representative completes the application on behalf of the foreign applicant with accurate information about the trademark and associated goods or services.
Pay the Fees: The local representative handles the payment of registration fees.
Monitor the Application: The local representative tracks the progress and responds to INPI's inquiries.
Trademark Registration Certificate: Upon successful review, INPI grants the trademark registration certificate to the foreign applicant, with the local representative acting as the official contact for any further trademark-related matters.

The Benefits of Hiring a Local Attorney

Hiring a local attorney in Brazil to handle the trademark registration process offers several benefits:

Expertise: Local attorneys specialized in intellectual property laws possess in-depth knowledge of the registration process and can navigate potential challenges efficiently.
Language Barrier: Having a local attorney who is fluent in both Portuguese and the applicant's native language ensures clear communication with the INPI and avoids misunderstandings.
Legal Representation: A local attorney can represent the applicant in case of legal disputes or oppositions, safeguarding the applicant's interests.
Efficiency: The registration process can be time-consuming and complex. A local attorney can expedite the process and ensure all requirements are met promptly.

For those seeking a hassle-free trademark registration experience in Brazil, Nominus.com provides a reliable solution. Nominus.com offers the expertise of local attorneys to handle the entire process on your behalf, from conducting the viability trademark search to filing the application and monitoring its progress. To explore more, visit our webpage Brazil Trademark Registration.

Conclusion

Registering a trademark with the Brazilian National Institute of Industrial Property (INPI) is essential for protecting your brand's identity and intellectual property in Brazil. Whether you are a local entrepreneur or a foreign company, understanding the distinct requirements of each group is crucial. While the process may seem complex, hiring a local attorney can simplify the journey and ensure successful trademark registration.

As you embark on the journey of trademark registration in Brazil, remember that preparation and attention to detail are paramount. Conduct a thorough viability search, adhere to the INPI's guidelines, and consider enlisting the services of a reliable local attorney or service provider like Nominus.com to ensure a smooth and successful registration process.

Now armed with the knowledge and understanding of the trademark registration process with the INPI, you can confidently protect your brand in Brazil and capitalize on the myriad opportunities this vibrant and diverse country has to offer.

Take the first step towards securing your brand identity in Brazil by embarking on the trademark registration process with diligence, or simplify the process with the assistance of a local attorney or service provider like Nominus.com. Safeguard your brand's uniqueness, foster growth, and embrace the thriving Brazilian market with the assurance that your intellectual property is well-protected.

Unlock the full potential of your brand in Brazil, and may your journey toward trademark registration be met with success, recognition, and growth.

By Rick Crandon