How to register a brand

How to register a brand in 3 steps and online

Registering a brand is a way to protect the company and an important step in affirming the entrepreneurial project in the market. To exercise this right, we will explain how to register a trademark, which will make a difference in relation to the competition, taking into account the creativity, technology, ethics or added value it brings to the market.

Reading Time: 7 minutes

The brands of products or services are regulated by the Industrial Property Code, approved by Decree Law 110/2018 of December 10th.

what is a brand

A brand is a distinctive sign of a company's products or services from those of other companies.

According to the Portal da Justiça, for the purposes of registration, a trademark consists of a name and can be:

  • Nominative: composed exclusively of words, letters, numbers or other conventional characters;
  • Figurative: exclusively composed of images or drawings;
  • Figurative with verbal elements: composed of images or drawings and words, letters, numbers or other characters;
  • Three-dimensional: with a shape that can be combined with other verbal or figurative elements;
  • Sonora: composed solely of a sound or a combination of sounds;
  • Color: composed exclusively of one color or a combination of colors;
  • Pattern: consisting exclusively of a set of elements that are regularly repeated;
  • Position: how the brand is placed or affixed to the product;
  • Movement: with movement or change in the position of brand elements;
  • Hologram: composed of elements with holographic characteristics;
  • Others: when it does not fit any of the above descriptions.

In addition to the mark, other types of signs may be used, such as logos, designations of origin and geographical indications, collective marks, certification or guarantee marks, or rewards.

Reasons to register a trademark

Text indicating ADVERTISING

If we have a company incorporated, but the trademark is not registered with the National Institute of Industrial Property (INPI), anyone can register the trademark and have the right to use it.

This registration is only valid in Portugal.

If you want to extend the validity to other countries, it is necessary to apply for an international trademark registration.

There are those who think that if the company is already in operation and is therefore duly legalized and registered, the trademark is automatically registered.

This is not true.

The company name is not the company brand

The incorporation of the company, made in a Commercial Registry Office, must be given a name which is what appears on invoices or when a contract is signed. It is registered with the Treasury and has a taxpayer number.

If we want to have a registered trademark, it will have to be with the INPI.

We can even register the brand with another name or even register the brand with the name of the company that will be incorporated later.

Text indicating ADVERTISING

To create a brand we don't need to create a company. Trademark registration can be done in own name.

If a company is incorporated, the company's corporate purpose may be different from the brand. For example, you can own an information technology company and register a brand or buy an existing one associated with textile products.

The firm and the brand are autonomous.

How to register a brand in 3 steps

1st step – Check if the brand already exists

Access the Portal of Justice, industrial property services and select the “Search brand” option.

Image 1 Access to the Portal of Justice
Image 1. Access to the Justice Portal

Once the option is made, the INPI website will appear.

Image 2 INPI Online Services
Image 2. INPI Online Services

Now it's a matter of searching, using the brand name or by phonetics or other unconventional search aspects.

Let's admit that you opt for the brand name. You will have to select this option and click on “continue”.

We are redirected to a new window, where we must choose one of the hypotheses.

If we choose "Pássaro no Ombro” and click on “Search” a record appears.

Image 3 Search by Brand Name
Image 3. Search by Brand Name

It's your blog's trademark registration Pássaro no Ombro® which, by being registered, has the right to use the words “Trademark”, the initials “MR” or even the symbol ®.

In addition to the search by brand name, the option to search the brand by image is available.

In this case, in addition to the brand name, the classification of Nice and Vienna must be provided, as well as whether the sign is mixed or figurative or both.

It is also necessary to choose if you want to search for brands that only have images.

The Nice classification refers to the classification of products or services for which the brand is intended.

The Vienna classification refers to the international classification of figurative elements of brands.

2nd Step – Register the brand

Assuming that the brand we want is not already registered, the next step is to register.

Select “Register trademark” on the Justice portal and select each of the options that are presented.

For example, Registration Request > Continue

National Brand > Continue

It is directed to INPI online.

It is necessary to give consent to INPI's General Security and Privacy Policy.

Image 4 How to register a brand, Home
Image 4. How to register a brand, Home

Respond to what is being asked:

What type of sign describes the brand, for example “Nominative”.

What brand to register, eg FLYING BIRD.

Select which classes and themes of the respective products or services the brand is intended for. Use the “Search” option.

It is possible to choose several products or services that may interest companies that work with a wide range of offers.

What type of product and service, eg Education, entertainment and sports services, associated with Class 41.

You can choose several themes from the same class and also several different classes.

Next, the system will indicate the existence of similar brands that may affect your order.

Select priorities

Image 5 How to register a trademark, Applicant details
Image 5. How to register a trademark, Applicant details

Please note that the documents that need to be inserted into the system must be in PDF, JPG or TIF format.

Finally, we have to identify who is requesting registration, after which the data must be confirmed and payment made.

Step 3 – Submit registration and pay

Online registration is cheaper than paper order.

The price list available on the Portal da Justiça is accessible, but keep in mind that maintaining a brand through the online resource will cost no less than 127 euros, 50% cheaper than on paper, which is around 255 euros.

The more classes we include in the order, the higher the cost.

Before submitting the application, you can preview the application, which we recommend.

Trademark registration is valid for 10 years. At the end of the period, we can renew as many times as we like as long as the requirements for maintaining the brand continue to be fulfilled.

After payment, wait for the INPI to verify that there are no incompatibilities.

The process should take about 6 months.

Conclusion

Registering the brand of the new entrepreneurial project is a way of protecting the company and an important step in its affirmation in the market.

Even before registration this idea must be discussed and encompassed in the business plan of the enterprise.

See also other features

How useful was this post?

Click on a star to rate it!

As you found this post useful ...

Follow us on social media!

We are sorry that this post was not useful for you!

Let us improve this post!

Tell us how we can improve this post?

Leave a Comment

Your email address Will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment is processed.

Privacy Policy          Terms and Conditions

Scroll to Top