Did you know that, until recently, slogans could not be registered as trademarks in Brazil? This rule has changed, and the INPI Trademarks Manual (National Institute of Industrial Property) now allows the registration of advertising signs in specific situations. But what does this actually mean in practice?

The Industrial Property Law (Law No. 9,279/1996), in article 124, item VII, prohibits the registration as a trademark of “signs or expressions used solely as a means of advertising.” In other words, phrases such as “The best coffee in town” or “Quality you can trust” were traditionally rejected by the INPI, as they were viewed merely as advertising messages, without the ability to identify the origin of a product or service.

However, following its recent update, the INPI Trademarks Manual began to recognize that, in certain cases, slogans may acquire a distinctive character and thus be registered as trademarks. This occurs when the slogan, in addition to promoting, comes to be directly associated with the company or product, functioning as an identifier of origin.

When is registration allowed?

INPI now allows the registration of slogans when they:

– Are sufficiently creative and original;

– Do not merely describe qualities or characteristics of the product or service;

– Have acquired distinctiveness, meaning the public has come to recognize the slogan as something linked to that specific brand;

– Have acquired distinctiveness as a whole, when combined with the already registered mark that identifies it.

For example, slogans such as “Just Do It” (Nike) or “Think Different” (Apple) are registered in several countries because, in addition to being advertising phrases, they have become symbols of the brands’ identities.

When does registration remain prohibited?

Registration remains prohibited for slogans that:

– Are merely descriptive (“The tastiest”, “Fast delivery”);

– Lack creativity or originality;

– Cannot be exclusively associated with a single company or product.

Conclusion

The new INPI guideline represents progress for companies that invest in creative and distinctive slogans, as it allows for greater legal protection over their advertising campaigns. However, it is essential to analyze each case individually, as not every slogan will be eligible for registration as a trademark.

By: Vanessa Pereira Oliveira Soares
Civil – Intellectual Property | CPDMA Team