The Brazilian Patent and Trademark Office (BPTO) has recently adopted a significant shift in its approach to registering trademarks that include slogans or advertising elements. Traditionally, the INPI maintained a more restrictive stance, often rejecting applications it deemed purely promotional. However, starting in November 2024, the agency began interpreting item VII of Article 124 of the Brazilian Industrial Property Law (LPI) more flexibly, which prohibits the registration of signs used exclusively for advertising purposes.
This new orientation led to a notable drop in rejections of trademark applications involving slogans. Between December 2024 and March 2025, only 182 applications were denied under this rule, compared to 741 rejections in the same period the previous year. The change reflects a broader analysis of the sign’s overall distinctiveness, assessing whether the slogan can also function as an identifier of goods or services to consumers.
A decision by the Superior Court of Justice (STJ) in August 2024 played a key role in prompting this reassessment. The ruling recognized that slogans may be registered alongside trademarks, provided they are not the dominant element of the sign. The INPI now examines whether a sign serves solely a promotional purpose or if it also carries distinctive capacity.
This shift in policy represents progress in the protection of intangible assets, allowing distinctive slogans to be registered as trademarks. For businesses and professionals seeking to safeguard their advertising expressions, this more flexible approach provides a valuable opportunity to strengthen brand identity in the marketplace.
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Author: Enzo Toyoda Coppola, and Cesar Peduti Filho, Peduti Advogados.
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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”