The Instituto Nacional da Propriedade Industrial (INPI) has introduced a landmark change in the interpretation of the Brazilian Industrial Property Law, paving the way for slogans to be registered as trademarks in Brazil. From now on, elements traditionally seen merely as advertising taglines may be recognized as distinctive signs, provided they meet the legal distinctiveness requirements.
Until recently, item VII of Article 124 of the Industrial Property Law prohibited the registration of any “sign or expression used solely as a means of advertising.” The new guideline clarifies, however, that slogans which — in addition to their promotional function — also possess distinctiveness, meaning they are capable of identifying and distinguishing products or services, may now be registered. This interpretation aligns Brazil with international practice and acknowledges the evolution of brand communication, where slogans play a key role in building and protecting corporate identity.
Why is this change relevant?
- Brand Strengthening: Distinctive slogans, once registered, become part of a company’s portfolio of intangible assets, increasing their value and reinforcing legal protection.
- Protection Against Unfair Competition: Companies gain greater legal certainty to prevent unauthorized use of expressions that have become emblematic in the marketplace.
- Strategic Opportunity: Businesses that invest in branding can further consolidate their market position by securing exclusivity over strategic expressions.
At V2M, we closely monitor legislative and interpretative developments to ensure our clients benefit quickly from regulatory changes. Our team works with technical rigor, confidentiality, and full respect for the sensitive nature of intangible assets, offering comprehensive support in:
- Assessing the distinctiveness of your slogan;
- Registration strategy and feasibility analysis;
- Filing and monitoring applications before the INPI;
- Enforcement and defense of industrial property rights.
Protect what makes your brand unique. Count on V2M to turn your slogan into a true corporate asset.
Get in touch to learn how this change can benefit your company.
Thaís Cóvos Magnusson
Sócia da V2M, tem formação juridica com especialização em Direito Empresarial e Tributário. Atua com foco em legalização de empresas, compliance e suporte jurídico para companhias que operam no Brasil.
