When we create a mark we do our best, we are very creative and we invest a lot in the new project, but all this effort is not worthwhile if this mark isn’t strong (which is not the expression of common use), and it is unmistakably distinguished from marks of competitors, and when this occurs it is very likely to third with good or bad faith taking advantages of the creativity.
The protection of the trademark in the national territory is granted by the INPI (Brazilian National Institute of Industrial Property), and it is also the tool to ensure consumers the choice of its product or service, in accordance with Article 5 of the Law 9,279 of 14/05/96 – It is considered movable property, for the legal purposes the rights of industrial property. Therefore, the trademark is part of the assets of the company.
This protection gives the right to exclusivity of the trademark in printed matter, illuminated ads, and other forms of advertising, and once it is granted, it becomes assets of the Company.
Trademarks of industry, commerce or service are required in the following ways:
Nominative - press characters
Mixed - Logo, letters and drawings
Figurative - only drawings
Three-dimensional - Drawing in three-dimensional plan
Collective - It identifies products or services coming from members of one determined entity.
Certification - Used to certify the conformity of product or service with determined rules or specifications
