Companies looking to protect their unique and memorable expressions have new support from the Brazilian Trademark Office (INPI). INPI has recently revised its interpretation of Article 124, Item VII, of the Brazilian Industrial Property Law, now permitting the registration of advertising slogans as trademarks, provided they meet distinctiveness requirements. This policy update represents a significant development in the protection of intellectual property and offers new trademark opportunities for companies seeking to safeguard their brand expressions.
Expanded Criteria for Slogan Trademark Registration
Under the revised guidelines, INPI will evaluate whether an advertising slogan functions solely as a promotional tool or also serves to identify the origin of goods or services. If a slogan exclusively promotes, it may still lack the distinctiveness required for trademark registration. However, if a slogan meets distinctiveness standards and also acts as a source identifier, it may now qualify for trademark status.
The updated criteria outline several characteristics of expressions considered primarily promotional, including those that:
- Recommend a product or service,
- Highlight specific qualities or attributes,
- Reflect the company’s mission, values, or concepts,
- Persuade or call the audience to action, or
- Distinguish the product or service from competitors.
- Emphasis on Distinctiveness Through “Originality”
A central factor in determining eligibility for trademark protection is the “distinctive character” of the expression. INPI has introduced the concept of “originality,” interpreted through exclusion, as a basis for assessing distinctiveness. Under this standard, a slogan will meet the originality requirement if it is neither descriptive, comparative, nor solely promotional or complimentary of a product or service’s quality or the manner in which they are offered.
Implications for Businesses
This policy update marks a substantial shift in Brazil’s trademark landscape and opens new avenues for companies previously unable to secure trademark protection for their slogans. Businesses with pending applications or previously rejected trademark requests now have the opportunity to seek reconsideration under these updated criteria.
INPI’s new approach to trademarking advertising slogans aligns with global trends in intellectual property, recognizing the importance of protecting brand assets that resonate uniquely with consumers. This change enables companies to better safeguard distinctive expressions that support their brand identity, marking a notable advancement in Brazil’s trademark policy.
