Do I need to register a trademark with INPI?
Posted: Sun Jan 05, 2025 9:32 am
Every company has a brand , whether good or bad, but not every brand is registered properly. There can be many reasons, such as high investment, misinformation or the low importance of brands in generic companies. In any case, many companies are investing in building a brand that is not officially theirs.
One of the biggest problems in this scenario is when a company believes that its brand is protected by having a domain name registered on the internet (www) or by registering the ivory coast whatsapp number database company with JUCESP, but these are completely different registrations. Registering a brand with INPI , the National Institute of Industrial Property, is not necessarily a step in the process of opening a company. As I said before, many properly formalized companies have never registered their brands. But let's take it one step at a time.
Trademark Registration vs. Commercial Registry vs. Domain
When starting a new business, you must first register your business name with the Commercial Board (JUCESP). The business name is the legal name of the company, which will be included in the articles of association and in all documentation related to obligations, such as contracts and invoices. This name is made up of three parts: identification of the company, the line of business and type (LTDA, EIRELI, S/A, etc.). For example: Meu Carro Locadora de Automóveis LTDA. This is not your brand.
Although the corporate name only appears on documents and is generally not known to the general public, be sure to choose this name carefully. After all, it is what will be visible to investors and partners, but it will not represent your company in the market in general. This registration with the Board of Trade and the acquisition of the corporate name are what will make the company formal, with the capacity to establish contracts, collect taxes, hire employees, allow access to credit, etc.
After registering the corporate name, the company may have a trade name , the one that appears to the public. For example, the company with the corporate name WHIRLPOOL ELETRODOMESTICOS AM SA has the trade name Whirlpool for its industrial activity and has brands such as Brastemp, Consul and Kitchen Aid. These are the brands that need to be registered with the INPI to ensure that they will not suffer from copies that could confuse the public.
The domain registration, something like brastemp.com.br, is a unique registration that provides an address for a website, email and other applications on the internet, but nothing more. Having a registered domain does not facilitate your trademark registration with the INPI and having a trademark registration does not guarantee you the right to any domain.
Is trademark registration with INPI mandatory?
If the company is small, does not have ties to a large group of investors and does not have major marketing campaigns, registering the brand with the INPI does not need to be a priority. Before that, it is important for the company to establish itself, form a minimum client base and have numbers that indicate that the business can take off. The cost to register a brand is high (at a specialized office it costs between R$1,500 and R$2,500 per category) and this investment may be needed for working capital or other needs that could lead to financial gain. Furthermore, when you are experimenting with the business and getting to know the market, who can guarantee that you will not need to make adjustments to your brand? If you need to change a brand that has already been registered, you will have to invest everything again.
How to register a brand with INPI?
If the business is successful and growing, registering the trademark offers security and can become a major asset for the company. Today, there are brands that are worth more than the company itself. If another company copies the brand of the unregistered company, facing a legal battle to recover the brand can be exhausting and uncertain. If the company that copied wins the case, it can also force the original company to stop using the brand, which represents a huge loss in its image, credibility and relationship with its customers.
One of the biggest problems in this scenario is when a company believes that its brand is protected by having a domain name registered on the internet (www) or by registering the ivory coast whatsapp number database company with JUCESP, but these are completely different registrations. Registering a brand with INPI , the National Institute of Industrial Property, is not necessarily a step in the process of opening a company. As I said before, many properly formalized companies have never registered their brands. But let's take it one step at a time.
Trademark Registration vs. Commercial Registry vs. Domain
When starting a new business, you must first register your business name with the Commercial Board (JUCESP). The business name is the legal name of the company, which will be included in the articles of association and in all documentation related to obligations, such as contracts and invoices. This name is made up of three parts: identification of the company, the line of business and type (LTDA, EIRELI, S/A, etc.). For example: Meu Carro Locadora de Automóveis LTDA. This is not your brand.
Although the corporate name only appears on documents and is generally not known to the general public, be sure to choose this name carefully. After all, it is what will be visible to investors and partners, but it will not represent your company in the market in general. This registration with the Board of Trade and the acquisition of the corporate name are what will make the company formal, with the capacity to establish contracts, collect taxes, hire employees, allow access to credit, etc.
After registering the corporate name, the company may have a trade name , the one that appears to the public. For example, the company with the corporate name WHIRLPOOL ELETRODOMESTICOS AM SA has the trade name Whirlpool for its industrial activity and has brands such as Brastemp, Consul and Kitchen Aid. These are the brands that need to be registered with the INPI to ensure that they will not suffer from copies that could confuse the public.
The domain registration, something like brastemp.com.br, is a unique registration that provides an address for a website, email and other applications on the internet, but nothing more. Having a registered domain does not facilitate your trademark registration with the INPI and having a trademark registration does not guarantee you the right to any domain.
Is trademark registration with INPI mandatory?
If the company is small, does not have ties to a large group of investors and does not have major marketing campaigns, registering the brand with the INPI does not need to be a priority. Before that, it is important for the company to establish itself, form a minimum client base and have numbers that indicate that the business can take off. The cost to register a brand is high (at a specialized office it costs between R$1,500 and R$2,500 per category) and this investment may be needed for working capital or other needs that could lead to financial gain. Furthermore, when you are experimenting with the business and getting to know the market, who can guarantee that you will not need to make adjustments to your brand? If you need to change a brand that has already been registered, you will have to invest everything again.
How to register a brand with INPI?
If the business is successful and growing, registering the trademark offers security and can become a major asset for the company. Today, there are brands that are worth more than the company itself. If another company copies the brand of the unregistered company, facing a legal battle to recover the brand can be exhausting and uncertain. If the company that copied wins the case, it can also force the original company to stop using the brand, which represents a huge loss in its image, credibility and relationship with its customers.