When we think of a trademark, we often associate it with a name, logo, or label. In practice, however, the value of a mark extends far beyond its visual or nominative elements.
A trademark can become a symbol of identity, belonging, and culture. In consumer societies, it may also reflect status, lifestyle, and shared values. At its core, a trademark is an identifying sign: through its name, visual identity, design language, and narrative, consumers recognize and distinguish products and services. A well-developed brand conveys consistency and trust, signaling what consumers can expect: quality, authenticity, values or a particular symbolic meaning.
For this reason, a strong trademark does not depend solely on originality naming. This becomes evident when we look at marks formed by common or suggestive terms that have achieved high distinctiveness in the marketplace, such as Netflix, Natura, Patagonia, among others. Brazilian trademark law itself, as applied by the Brazilian Patent and Trademark Office, recognizes that evocative and suggestive marks may be registrable, provided they are capable of identifying origin and distinguishing goods or services.
But what happens when a trademark goes even further?
Powerful trademarks transcend the functional dimension of a product and begin to represent lifestyles, shared experiences, and memories. They evolve into cultural icons. In some cases, the trademark becomes so dominant that it replaces the generic name of the product in everyday language, such as: Cotonetes, Maizena, Bombril, Durex, Gillette, Band-Aid, Super Bonder, Post-it, Jacuzzi and many others.
Furthermore, well-structured marks have the power to unite people. Much like sports teams, which go beyond their institutional role to foster loyalty and community among fans, brands can cross geographic and cultural boundaries, uniting people through shared identity, values, and/or lifestyle. This is what gives trademarks an intangible value that far exceeds their role as mere commercial assets.
A clear example of this phenomenon is the iconic New York Yankees cap.
Baseball is not a mainstream sport in Brazil. Yet, as reported by international and Brazilian media, Yankees caps have become a fashion trend in the country, even among consumers who are unaware of the product’s origin: the New York Yankees, a Major League Baseball (MLB) team in the United States. In this context, the cap is no longer perceived primarily as sports merchandise.
This reflects how the New Era brand, which produces official caps for baseball, basketball, and American football teams, has moved beyond the sports industry and successfully positioned its products within urban culture and lifestyle fashion worldwide.
Cases like this illustrate a key principle of modern branding: quality alone is no longer enough. To remain relevant, products must connect emotionally with consumers and integrate into their identity in order to become symbols.
Because of this unique ability to generate economic, cultural, and emotional value, trademarks require proper legal guidance and protection. Trademark registration is not merely a formal or bureaucratic step, it is a strategic measure to safeguard the exclusivity of a brand’s intangible assets and preserve the symbolic capital built over time.
In a globalized economy, protecting trademarks means protecting culture, reputation, and long-term value.
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Authors: Nicole Latorraca, Lígia Ferreira Marcondes Rocha and Cesar Peduti Filho, Peduti Advogados.
Source: Brasileiros compram boné americano sem saber do que se trata, diz New York Times + https://valor.globo.com/eu-e/noticia/2023/03/29/brasileiros-compram-bone-americano-sem-saber-do-que-se-trata-diz-new-york-times.ghtml;
New Era: Muito Além dos Bonés + https://www.meninashoes.com.br/blog/new-era-muito-alem-dos-bones?srsltid=AfmBOorrQlTlQT2ixcRQli5-DKn0D_-Ociv4N746ZBLDKZlFqvktatTQ; https://www.reddit.com/r/Dodgers/comments/1nhucux/what_makes_the_yankees_and_dodgers_global_mlb/?tl=pt-br; https://www.estadao.com.br/lifestyle/bone-dos-yankees-viraliza-no-brasil/?srsltid=AfmBOop3T2vu_7dU8DhepLTYOE70_uszKRWre6ugtSsdapz4CdKGGNyr
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“For strategic trademark guidance in Brazil, contact the author or our managing partner, Dr. Cesar Peduti Filho.”