The current Brazilian Industrial Property Law (LPI), in Article 124, Clause VII, establishes that:

“Signs or expressions used exclusively as a means of advertising” are not eligible for trademark registration.

For the purpose of applying this legal provision, the prohibition applies to signs that the consuming public cannot perceive as trademarks due to their sole function as advertising tools.

Since a trademark inherently serves to identify and distinguish products and services, regardless of their origin, it also fulfills a social communication function. Therefore, the application of Clause VII of Article 124 of the LPI should be exercised with caution and only when the sign’s exclusive advertising purpose is evident.

A refusal under Clause VII of Article 124 of the LPI will only occur when the trademark, as a whole, meets both of the following cumulative conditions:

• It serves a promotional function; and

• It is incapable of serving a distinctive function.

We have long debated the wording of this article because it states “used solely as an advertising expression,” which, in our understanding, means that if an expression is not used exclusively for advertising but also functions as a trademark, it SHOULD be eligible for registration.

On October 30 of last year, the BPTO reviewed this matter during a meeting with users and offices, resulting in a new interpretation. This decision was influenced by the longstanding international practice of registering slogans as trademarks, which has been adopted in several countries. This practice has created issues related to trademark treaties, to which Brazil, like many other nations, is a signatory.

The new interpretation is as follows:

“Starting on November 27, 2024, the INPI will begin accepting the registration of combinations of registered trademarks and slogans, as well as standalone advertising expressions, provided they are original and distinct from other trademarks and slogans in the same category. Additionally, slogans that do not promote or recommend qualities of the product or service, do not convey the mission, values, or vision of the applicant company, do not aim to persuade the audience to take action, and do not highlight products or services in comparison to competitors will also be eligible.”

As a result, since November 27, 2024, slogans can now be registered as trademarks in Brazil, provided they comply with the outlined restrictions.

The registration process for slogans follows the same procedures as traditional trademark registration, as slogans are now recognized as trademarks. Trademark searches will also be conducted in the same manner as they are for standard trademarks.

The new guidelines of registering slogans as trademarks in Brazil will offer a more favorable scenario for national and foreign companies to build its trademarks reputation, increasing its recognition and visibility throughout the national territory. Therefore, it is important to promote the registration of slogans currently in use as soon as possible.

In light of this significant development, we kindly ask you to review your intellectual property protections in Brazil and inform us of any additional registrations you wish to promote.

Furthermore, we would like to remind you that an increase in fees for services provided by the Brazilian Patent and Trademark Office (BPTO) is expected this year. We advise initiating your requests as soon as possible to secure the current rates.