In a public seminar on October 30, 2024, the Brazilian Patent and Trademark Office (BPTO) announced a change in its interpretation of Article 124, item VII, of the Brazilian Industrial Property Law (BIPL) – Law 9.279/96. This amendment will permit the registration of certain slogans as trademarks, a shift from the BPTO’s previous stance, which prohibited the registration of purely advertising expressions.
Historically, the BPTO has refused registration for phrases that serve solely an advertising function, without any distinguishing purpose to identify the origin of a product or service. Under the current interpretation, slogans such as “Amo muito tudo isso,” “So delicious dairy free,” and “Make the impossible possible” were denied, as they were deemed non-distinctive advertising expressions. Phrases that merely promote product qualities, convey a company’s mission or values, or encourage consumer action have been classified as lacking the distinctive function required for trademark status.
With this policy change, however, the BPTO will allow registration of slogans that possess an original and distinctive character, capable of serving as an identifier of product or service origin. Advertising expressions that remain merely descriptive, promotional, or without originality will continue to be refused under Article 124, item VII.
This revision aligns Brazil with many countries where trademark treaties permit slogan registration and reflects the BPTO’s acknowledgment of the growing importance of originality in brand expressions. Additionally, it recognizes the challenges companies face in protecting slogans through other legal means.
The new policy will take effect on November 27, 2024, and will apply to both new applications and those currently under review. Companies are strongly encouraged to consider registering their distinctive slogans to safeguard against potential third-party claims and ensure the exclusive right to use their unique brand expressions.
McCoy Russell is prepared to support its clients should this change impact their trademark strategies and portfolios. Contact us if we can be of assistance.
