Can Slogans Now Be Registered as Trademarks in Brazil?
Learn how Brazil’s updated trademark guidelines now allow the registration of slogans. Understand the new INPI criteria, how it impacts brand protection, and what foreign trademark owners should know.
4/26/20251 min read
Entrepreneurs often develop not only a brand name but also a distinctive slogan to strengthen the identity of their products. Historically, however, the registration of slogans as trademarks before the Brazilian Patent and Trademark Office (INPI) faced significant challenges. One of the prohibitions under Article 124 of the Brazilian Industrial Property Law is the registration of “signs or expressions used solely as advertising.”
The term “solely” has always been a key element in this context, the law does not categorically prohibit the registration of slogans, but INPI examiners traditionally adopted a restrictive interpretation. As a result, even mixed marks combining a brand name and a slogan were often refused. While I have successfully obtained several registrations, many cases ultimately required lawsuits.
There is good news, however. INPI has recently updated its Trademark Examination Guidelines and revised its interpretation of this provision. Now, the Office adopts a less restrictive approach and considers that refusal will occur when:
the sign performs solely an advertising function; or
the sign lacks distinctive character.
Among the scenarios where registration is now permitted are cases in which a company uses its brand name alongside a slogan. For instance, combinations such as "Nike – Just Do It" or "McDonald’s – I’m Lovin’ It" could now be eligible for registration, provided that the overall sign fulfills a distinctive function. Previously, applications for similar combinations were likely to be refused under a stricter interpretation, but under the updated guidelines, they stand a much higher chance of approval.
This change is significant because it enhances legal certainty for entrepreneurs. Slogans that serve a source-identifying function can now benefit from trademark protection, offering important advantages such as the ability to prevent third parties from using confusingly similar marks.
Therefore, if your brand uses a slogan in connection with its goods or services, it is advisable to seek trademark registration in Brazil under this new, more favorable framework.
