How much does it cost Register a trademark? And how do you do it? Find out everything!

If you have a business idea or already run a company, you know how essential building a strong brand is to stand out in the market. However, more important than developing a recognized brand is ensuring the legal protection of that identity, preventing other people or companies from using what you've worked so hard to build.

In this article, we'll show you exactly how much it costs to register your trademark in Brazil and detail each step of the process, from choosing a name to official registration with the National Institute of Industrial Property (INPI). This will give you a clear understanding of the investment required and how to effectively protect your business.

How much does it cost to register a trademark?

Registering a trademark in Brazil involves costs that can vary depending on the applicant's profile and the specifics of the application. For individuals, individual microentrepreneurs (MEI), microenterprises (ME), and small businesses (EPP), the initial fee for the INPI registration application is R$ 142, if done electronically. For other companies, the value is R$ 355 by class of products or services. In addition, after approval, there is a registration grant fee, which is R$ 298 for MEIs, MEs, EPPs and individuals, and R$ 745 for other companies.

These amounts refer to the official INPI fees and cover the basic registration process. However, it's important to consider other potential costs, such as attorney fees or specialized consulting services that can assist with the process, ensuring greater security and efficiency. Additional expenses may also arise if you need to respond to INPI requirements or third-party oppositions throughout the process. Therefore, the total investment may vary, but knowing these basic fees helps you plan your trademark registration financially.

What does it take to register a trademark?

To register a trademark in Brazil, you must meet some basic requirements and follow the guidelines of the National Institute of Industrial Property (INPI). These requirements ensure the registration process is successful and your trademark is eligible for legal protection. Below are the main points you need to consider:

• Choose an original brand: The trademark cannot be identical to or similar to others already registered with the INPI. Prior research helps avoid conflicts.
• Define the class of products or services: Trademark registration is done for a specific class, which corresponds to the type of product or service it will represent.
• Verify activity: Companies must have a valid CNPJ (Brazilian Corporate Taxpayer Registry). Individuals must have a valid CPF (Brazilian Individual Taxpayer Registry).
• Gather documents: For companies, you must present your articles of incorporation or proof of MEI status. For individuals, your CPF and RG are sufficient.
• Make payment of fees: As mentioned previously, there are specific fees for applying for and granting registration, which vary depending on the size of the company or individual.

How to register a trademark: Step by step

Registering a trademark in Brazil may seem complicated at first glance, but by following the correct steps, the process becomes simpler and more organized. Below, we'll walk you through the steps to successfully register your trademark with the INPI:

1. Do a prior art search: Before starting the process, access the INPI database and check if there is already a registered trademark that is identical or similar to the one you wish to register. This will help avoid problems with your application and possible rejections.
2. Choose the correct class: The INPI uses the Nice Classification to categorize trademarks according to the type of product or service offered. Identify the class that best suits your business.
3. Create a registration in the e-Marcas system: INPI provides an online platform, e-Marcas, where you must register to begin the registration request.
4. Fill out the order form: After registration, you must complete the electronic form with all the information about your brand, including the name, class, owner and description of the use of the brand.
5. Pay the registration fee: After completing the form, you must issue the Federal Collection Form (GRU) and pay the registration fees. The amount depends on whether you are an individual, a micro-entrepreneur (MEI), or a company.
6. Follow INPI's analysis: The INPI will analyze the application and publish it in the Industrial Property Journal (RPI). During this process, third parties may file objections to your trademark, and the INPI may require corrections or additional information.
7. Granting of registration: If there is no opposition or demands, and your application is approved, you must pay the final registration grant fee for the trademark to be officially registered and protected.
8. Registration renewal: Registration is valid for 10 years and can be renewed indefinitely upon payment of new fees.

How important is it to register a trademark?

Registering a trademark is a fundamental step in ensuring the security and exclusivity of your business. Without registration, anyone or any company can use a name or symbol similar to yours, causing confusion in the market and even damaging your reputation. Furthermore, you may face difficulties in legally protecting your trademark if someone tries to appropriate it.

Registration also adds value to your business, making the brand an intangible asset. This can be advantageous in future negotiations, such as partnerships, expansions, or even the sale of the company. The legal protection provided by registration prevents legal disputes and ensures that you have exclusive rights to use the brand within your area of operation.

What if they register the trademark I'm already using?

If someone else registers the trademark you already use without you officially registering it, the situation can become complicated. The exclusive right to use a trademark belongs to the person who first registers it with the INPI, regardless of who started using the trademark first. This means that even if you've been using the name or logo for years, if another company registers it first, they will have legal rights to it.

In this situation, you may have to stop using the trademark, which can lead to losses and the need for rebranding. To avoid this, it's essential to start the registration process as soon as possible, ensuring that no one else can legally appropriate your trademark. If this has already happened, you can still try to challenge the registration in court, but the process can be long and expensive, with no guarantee of success.