New INPI Position: Slogans Can Now Be Registered as Trademarks
- Fernanda Tissot
- Nov 15, 2024
- 1 min read
On October 30, 2024, during a meeting with trademark system users, the INPI announced that it will begin accepting trademark registration applications containing advertising elements, including slogans.
Prior to the announcement of this major change, the INPI routinely rejected registration applications containing signs or expressions used exclusively as a means of advertising.
Under the new interpretation, which will be published on November 27, 2024, through an update to the Trademark Manual, the INPI will allow the registration of slogans that possess distinctive character—that is, those that are original and capable of identifying the origin of products or services.
Consequently, rejection will only occur when the sign serves an advertising function and is incapable of performing a distinctive function.
According to the INPI, a sign performs an advertising function when it:
(i) Recommends the products or services it identifies;
(ii) Aims to promote the qualities of the identified product or service;
(iii) Seeks to convey the company's mission, values, ideas, or concepts;
(iv) Seeks to persuade the audience to take action; or
(v) Aims to highlight the identified product or service in relation to the competition.
Merely descriptive, comparative, or unoriginal slogans will continue to be rejected.
This change aligns Brazil with international practices and emphasizes the value of slogan originality, recognizing its importance in identifying and differentiating brands in the market.
We recommend that companies review their trademark portfolios and consider registering the slogans they use, thereby ensuring legal protection and preventing potential future conflicts.
For more information or assistance with the registration process and portfolio management strategy, our team is at your disposal to assist you.
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