The change at the National Institute of Industrial Property aims to strengthen trademark recognition and encourage dynamism in the use of advertising elements in the market
On October 30, 2024, during a meeting with trademark system users, the Brazilian Patent and Trademark Office (BPTO), represented by its Director, announced that it will begin accepting trademark applications that incorporate advertising elements, such as slogans.
The measure is part of the new interpretation adopted by the BPTO regarding item VII of Article 124 of the Industrial Property Law (Law No. 9,279/1996). Under this new understanding, registration applications will be denied based on this item only when it is simultaneously determined that the mark: (i) serves exclusively as advertising and (ii) lacks a distinctive function
The update to the new edition of the Trademark Manual, scheduled for November 27, 2024, will formalize the new interpretation, and will allow the registration of trademark slogans at the initial examination stage. This change aims to strengthen the recognition of trademarks that serve both a distinctive and advertising function, encouraging a more dynamic use of advertising elements in the marketplace.
This announcement marks the beginning of an ongoing process to improve the trademark registration system by the BPTO, including a final review of the impact of the change in 2028.
This action is part of the "Continuous Dialogue with Stakeholders" project, aimed at promoting active user engagement and aligning BPTO services with market expectations and needs, in line with Objective 9 of the 2023-2026 Strategic Plan, which seeks to enhance governance practices and institutional relations.
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