Intellectual Property | Postado no dia: 29 October, 2026
Trademark Registration: What Approval by INPI Does Not Guarantee
It is common to hear business owners say that their trademark is “already registered” and, therefore, there is nothing left to worry about. In practice, registration granted by Brazil’s National Institute of Industrial Property (INPI) addresses only part of the issue. The rest depends on how the trademark is used, monitored and maintained over the years.
The exclusivity granted under Law No. 9,279/96 has a defined scope. As a general rule, it is limited to the category of goods or services specified in the application. A company operating in a different sector may adopt a similar name without infringing trademark rights, provided there is no risk of consumer confusion or association. For this reason, selecting the appropriate classes and defining the scope of goods and services are just as important as filing the application itself.
A company’s registration number (CNPJ), domain name and social media profile do not confer trademark rights. Businesses sometimes invest years in building a name only to discover an earlier trademark registration after receiving a cease-and-desist notice.
After registration is granted, INPI does not notify trademark owners of similar applications. The deadline to file an opposition is 60 days from publication, while administrative invalidation proceedings must be initiated within 180 days of the registration grant. Without monitoring, these deadlines may expire without the trademark owner realizing it.
Trademark owners must also ensure their marks remain in use. Under Article 143, a trademark registration may be cancelled for non-use in three situations:
- The trademark has not been used within five years of registration being granted;
- Its use has been discontinued for more than five years;
- Changes to the trademark have altered its original distinctive character.
Changes to a brand’s visual identity should be assessed in advance. Keeping invoices, packaging and advertising materials can help support a defense against a cancellation request based on non-use.
Finally, trademark registrations are valid for ten years and must be renewed during the final year of validity or, subject to an additional fee, within the following six months.
A registered trademark and a protected trademark are therefore not necessarily the same thing. The difference lies in what happens after the certificate is issued. Specialized legal support helps businesses anticipate conflicts, meet deadlines and make informed decisions, which can translate into a competitive advantage in crowded markets.
Author: Beatriz Carvalho
