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The Brazilian Patent and Trademark Office (INPI) to allow the registration of slogans as trademark
5
min read
Published on
November 22, 2024
BPTO updates interpretation, enabling slogan registrations if original and distinctive.
During a user meeting held on October 30, 2024, the BPTO announced a change in its interpretation of Article 124, Item VII, of Law 9,279/96 – the Industrial Property Law (IPL). This provision prohibits the registration of advertising expressions as trademarks, commonly known as slogans.
Under the current interpretation, the INPI has been denying the registration of expressions that serve exclusively as advertising, meaning they do not fulfill the function of identifying the origin of a product or service.
In practice, the INPI has deemed the following as merely advertising expressions:
– Those that promote or highlight the qualities of the identified product or service;
– Those that emphasize the identified product or service in comparison to competitors;
– Those that communicate the company’s mission, values, ideas, or concepts;
– Those that aim to persuade the target audience to purchase a product or contract a service.
This change will allow the registration of combinations of registered trademarks and slogans, as well as advertising expressions on their own, provided they are original and distinct from other trademarks or slogans already registered in the same class.
Therefore, it is essential to prioritize the registration of slogans currently in use to prevent third parties from obtaining the registration and attempting to restrict their use by the original owner.
This change is of great significance as it aligns Brazil with international practices and recognizes the originality of slogans, acknowledging their importance in the identification and differentiation of brands in the local market.
The new interpretation will come into effect on November 27, 2024, and will also apply to applications awaiting their first analysis or decisions under appeal.