We have watched clients fall in love with a name, build a brand around it, print packaging, register a domain, and then discover that the name is already registered in their category at the INPI. It is an expensive and demoralising experience. It is also entirely avoidable. Here is what you need to know about trademark screening before you commit to a name.
What the INPI register covers ¶
The Instituto Nacional da Propriedade Industrial (INPI) is the Brazilian body that registers trademarks. A trademark registration gives the holder exclusive rights to use a name or mark in a specific category of goods or services. The register is searchable online, but interpreting the results requires some knowledge of how trademark classes work. A name that is registered in class 30 (food products) may be available in class 35 (retail services), or it may not, depending on the similarity of the marks and the overlap of the categories.
Why a domain being available does not mean the name is free ¶
This is the most common misconception we encounter. A.com.br domain being available tells you nothing about trademark availability. Domain registrars do not check the INPI register. A name can be completely unregistered as a domain and fully protected as a trademark, or the reverse. Check both, separately.
What a preliminary screening looks like ¶
At Magistrate 247, every name we recommend goes through a preliminary INPI screening before we present it to the client. We search the register for identical and similar marks in the relevant classes. We also check for phonetic similarity, because the INPI considers names that sound alike as potentially conflicting. This is not a legal opinion. For a formal clearance, you need an IP lawyer. But a preliminary screen eliminates the obvious problems before you get attached.
When to bring in an IP specialist ¶
If you are launching in multiple markets, if your category is crowded, or if the name you want is close to an existing registration, you need an IP lawyer, not just a preliminary screen. We work with a firm in São Paulo that specialises in trademark registration for small and mid-sized businesses. We are happy to make an introduction.
Naming is slow, careful work. The INPI check is one part of a process that also includes linguistic screening, category analysis, and a lot of rejected candidates. If you want to understand the full process, the notes from the studio section of our site has more detail.