In a recent meeting with trademark system users, the Brazilian Patent and Trademark Office (INPI) announced a significant change: from now on, it will be possible to obtain protection for signs that include advertising expressions, commonly known as slogans. This important update stems from a new interpretation of item VII of Article 124 of the Intellectual Property Law (Law No. 9,279/1996), which previously restricted the protection of such content, rendering slogans unregistrable. The updated guideline for this policy in the Trademark Manual was released on November 27, 2024.
According to the Director of Trademarks, Industrial Designs, and Geographical Indications at INPI, this is just the first phase of a continuous process of improvements in trademark protection. In 2025, the Brazilian Patent and Trademark Office plans to conduct a user satisfaction survey to assess the initial impact of the updated measure. Subsequently, an intermediate evaluation will be carried out in 2026, with a comprehensive analysis slated for 2028 to measure the effectiveness and outcomes of the new policy.
This change represents a significant advancement in the landscape of trademark protection in Brazil, benefiting both trademark owners and advertisers. The ability to register slogans as part of intellectual property assets not only modernizes the Brazilian system—aligning it with international practices—but also highlights the Institute’s commitment to adapting to the ever-changing demands of the market.
However, it is important to note that non-distinctive signs that only serve an advertising function will remain ineligible for registration. The distinctive function of the mark remains a fundamental requirement under this new guideline, meaning that for registration to be granted, the expression must fulfill a distinctive function, identifying and differentiating the products or services it represents from those of different origins.
The recognition and protection of slogans as trademark symbols positively impact the intellectual property domain, making it more competitive and up-to-date. It contributes to the identity, creativity, and uniqueness of companies seeking to protect their distinctive and exceptional trademarks.
At ClarkeModet, we have a specialized team ready to assist with trademark applications. If you are interested in registering your trademark or have any questions, we would be delighted to help!
