Trademark registration · SPD Advocacia
Does your business use a name that is not registered yet? Someone else can register it before you
In Brazil, whoever registers a trademark at INPI gets the exclusive right to use it nationwide. Without registration, the name you have promoted for years may end up with another company, and you pay to change your storefront, website, social media and packaging. The firm runs the search, files the application and follows the case until the certificate is issued.
What can happen if you do not register your trademark?
Losing the name. Trademark ownership is acquired by registration, which gives the owner exclusive use throughout Brazil (Law 9,279/1996, art. 129). If another company registers the same or a similar name in your field first, it can demand that you stop using it.
Starting over. Changing your name means a new storefront, website, social media profiles, packaging, uniforms and marketing materials, and losing the recognition your customers already had.
Facing a lawsuit. Anyone who uses a trademark registered by someone else may be ordered by a court to stop, have products seized and pay damages (art. 209). The law also makes it a crime to reproduce or imitate a registered trademark (art. 189). Once you register, that same protection works for your business.
A company registration, domain or profile is not enough. Registering the company protects its corporate name only within the state (Civil Code, art. 1,166). A website domain or a social media profile does not secure the trademark either. Nationwide exclusivity comes from INPI registration.
What the law says
Key points
INPI registration grants exclusive use of the trademark throughout Brazil, in the registered field.
Registration lasts 10 years and can be renewed for equal periods, with no limit.
Anyone who has used the trademark in good faith for at least 6 months has a priority right, but must act in the other party's case.
Five years after grant, a trademark that is not in use may have its registration cancelled for non-use.
Source: Law 9,279/1996 (Industrial Property Law), arts. 122, 129, 133, 143, 158, 189 and 209; Civil Code, art. 1,166; INPI/PR Ordinance 10/2025. Content reviewed on October 23, 2026.
What is your case?
Situations the firm handles
Choosing a name before investing
Prior search at INPI to check whether the name can be registered in your field, before logo, storefront and website.
Prior searchRegistering the trademark you already use
INPI application with the right class and services for what your business does.
Law 9,279/1996, art. 129Singers, bands, DJs and creators
Protection for the name used at shows, on social media and on music platforms.
See pageSomeone filed a name similar to yours
Opposition at INPI within 60 days of the publication of the other application.
Law 9,279/1996, art. 158A competitor using your trademark
Formal notice and, if needed, a lawsuit to stop the use and claim damages.
Law 9,279/1996, art. 209You were notified for using a trademark
Review of the other party's registration and of your defense before any reply.
Case reviewStep by step
How the firm works
- Prior search. We search INPI's database for identical or similar trademarks in your field and explain the risk of each one.
- Strategy. We define the type of application (name, logo or both) and the classes that protect what your business does.
- Filing. We handle the INPI registration, the fee slip and the application in the e-Marcas system.
- Follow-up. We monitor INPI's official gazette and answer office actions and oppositions until the decision and the certificate.
Case review
Let us review your trademark
Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.
Common questions
Frequently asked questions
How much is the INPI fee?
The filing fee is charged per class and paid through an official INPI slip. With the pre-approved list of services, INPI's table sets R$ 880.00 per class, or R$ 440.00 for individuals, MEI, micro and small businesses, which get a 50% discount (amounts checked in October 2026).
Does registering my company protect the trademark?
No. Registering the company protects its corporate name within the state. Nationwide trademark exclusivity comes from INPI registration.
Can I register only the name or only the logo?
Yes. A word mark protects the name in any lettering. A mixed mark protects the name together with the logo design. Each type is a separate application, and many companies file both.
What is a trademark class?
It is the field of goods or services in which the trademark is protected, under the Nice Classification. As a rule, identical trademarks may coexist in different fields. Choosing the right class is part of the work.
I have used my trademark for years. Do I still need to register it?
Yes. If someone else files the same name, a good-faith user of at least 6 months has a priority right, but must act in the other party's case within the deadline. With registration, your protection no longer depends on that.
How long does it take?
It depends on INPI's examination queue. After filing, the application is published so third parties can oppose it within 60 days, and only then it moves to examination. The firm monitors every publication and updates you on WhatsApp.
What are the attorney fees?
After reviewing the case, the firm sends a written fee proposal before any engagement. The INPI fee is paid separately, through an official slip.