Historically, Brazilian law allowed the registration of advertising expressions/slogans, as established by the Industrial Property Code of 1973. However, the Industrial Property Law of 1996 prohibited the registration of signs used exclusively for advertising purposes, and this prohibition led to a ban on the registration of slogans.
With this new policy, the registration of such expressions is allowed again, but the INPI will have the power to refuse a registration when the slogan does not comply with the distinctiveness requirement, that is, when it consists of an expression of common use in the market, is purely descriptive, comparative, promotional, flattering, or lacking in originality.
This change will provide trademark owners with a more solid basis to defend and strengthen their portfolio of intangible assets.
