Slogans as Trademarks: New Registration Opportunities in Brazil

The National Institute of Industrial Property (INPI) released a new version of its Trademark Guidelines, introducing significant changes that now allow the registration of trademarks composed of slogans, provided they have distinctive characteristics. This update represents a significant step forward for companies aiming to strengthen their trademark protection strategies.

Previously, the INPI rejected trademarks containing advertising expressions based on a restrictive interpretation of item VII of Article 124 of the Brazilian Trademark Act. Under the new approach, only signs considered to be of common use and lacking originality—such as those that are purely descriptive, comparative, promotional, or laudatory—will remain ineligible for registration.

This change aligns Brazil with international trends. According to data from WIPO in 2004, only four out of 71 countries (Brazil, South Korea, China, and Japan) did not allow the registration of slogans as trademarks. More recently, China and Japan have revised their stance on this matter.

The INPI’s updated position modernizes Brazil’s trademark system and opens new opportunities for businesses to use slogans in their branding strategies.

Our Intellectual Property team is ready to provide further information on this topic.