Trademark protection is critical in establishing long-term protectable rights in every brand. This way, first of all, there are some important tips to observe regarding the naming and branding part of any new venture in Brazil.
To start, it’s crucial to not rely exclusively on descriptive phrases. Generic terms, which describe the class of goods or services, are never protectable. And laudatory terms aren’t usually protectable either.
Also, it is important to make it clear who the legal owner of the brand should be, if a third party helped develop the brand.
Then, there are important steps in developing legally protectable rights in the new identity to avoid ending up in legal challenges by inadvertently copying another party’s brand.
The first step is to conduct trademark clearance searches to identify competing uses, which could present a challenge to the use of the trademark.
Besides, while most trademark offices allow owners to file directly online, including in Brazil, a good trademark professional can order a clearance search, review it with knowledge of trademark law and then provide guidance.
Most people think that the only requirement to be considered when filing a trademark is third party rights, however the Brazilian law has other twenty-two prohibitions.
It is important to highlight that while there is no need to wait further to put the brand into use, you should immediately file trademark applications to register the trademarks.
Finally, it is highly recommended to protect your brand by filing to register it as a domain name and secure your brand across social media platforms. In this sense, you should also monitor your brand online to ensure it isn’t being misappropriated or misused.
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Author: Nathália Regina Alves Dourado and Cesar Peduti Filho, Peduti Advogados.
Source: Developing and protecting your online brand: tips for the new entrepreneur
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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.”