It has become easier and faster to open a company in Brazil. The number of open companies grows every year and according to the Ministry of Development, Industry, Commerce and Services (MDIC) in January 2023 alone, more than 350,000 new companies were opened. With this speed and market competition, the need for companies to register their brands grew.
As the number of companies grows exponentially, requests for new trademark registrations also grow. Data from the National Institute of Industrial Property (INPI) show that in the period of one year, between March 2021 and February 2022, 395,397 requests for registration of trademarks were made, an increase of 28.6% over the previous period (307,422) . This means that thousands of companies have filed exclusivity claims for their brands.
According to Thayse Parpinelli, lawyer and CEO of RegistroMais, trademark registration has become an unquestionable need for companies, as it aims to legally identify and protect their products and services from possible misuse by third parties, guarantee exclusivity and prevent the owner of that brand from being obliged to change it in the face of a possible registration of the brand he uses.
In order to register a trademark, it is necessary to carry out a process with the National Institute of Industrial Property (INPI) and it can be done by an individual or legal entity. The applicant also has the option of hiring a specialized company to provide support throughout the process, which can last around a year until the trademark is evaluated and registered.
According to the lawyer, it is very important to hire a specialist to register a trademark, as he will have the necessary knowledge to previously verify the viability of this registration, and thus guarantee that it is not violating the rights of third parties, which would lead to legal disputes and might reach financial losses.
The CEO of RegistroMais reinforces that “the hiring of a specialized lawyer provides the necessary support for the development of a brand free of any legal embarrassment, exclusive use of the brand throughout the national territory, and, in addition, to scale its results through licensing use of the brand and even commercialization, because once the brand is registered it becomes an intangible asset”.
In addition to the lawyer, the accountant is fundamental with regard to the trademark, as he is the one who will compose the assets in the company’s balance sheet and increase its market value, he concludes.
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