Area 03
Intellectual Property and Trademarks
A trademark is often a company’s most valuable asset and, just as often, its least protected. Registration is what turns a name into a right enforceable against third parties, and what stops someone else registering it first.
- 🇧🇷 Brasil
- 🇵🇹 Portugal
Overview
Need an assessment on this subject? The initial consultation establishes the right framework before any step is taken.
Book a consultationBrazil and Portugal both operate an attributive system: ownership arises from registration, not from use. Companies trading under a given name for years discover, at the moment of expansion, that the sign already belongs to a third party, and that the goodwill they built benefits someone else.
The work begins with a clearance search, verifying availability and identifying conflicting marks in the intended classes. Only then do we define the protection strategy: which classes to file in, in which jurisdictions, and in which form, whether word, figurative or composite.
Protection does not end with the certificate. We monitor renewal deadlines, file oppositions against third party applications that threaten the sign, and act against infringement, both before the registries and in court.
What we do
Services in this area
Each scope may be engaged on its own or combined with others, according to what the matter requires.
Clearance search and feasibility
Search for conflicting marks and an opinion on the prospects of registration, before any investment in visual identity.
Trademark registration in Brazil
Filing and full prosecution before the Brazilian INPI, including responses to office actions and maintenance of the registration.
Registration in Portugal and the European Union
National filing before the Portuguese INPI and European Union trade mark before the EUIPO, effective across all member states.
Opposition, invalidity and revocation
Challenging third party applications that threaten your sign, and defending your own registration against attack.
Infringement and unfair competition
Cease and desist notices, takedown requests on digital platforms and court proceedings against trademark infringement.
Licensing and assignment
Licence and assignment agreements, recordal before the registries and royalty structuring.
Frequently asked
Questions we are asked often
The answers below are for information only and do not replace individual analysis of your matter.
I have used my trademark for years. Do I still need to register it?
Yes. In both Brazil and Portugal, ownership of a trademark arises from registration, not from use. Without it, a third party may register the same sign and require your company to stop using it.Does a Brazilian registration protect the mark in Portugal?
No. Protection is territorial. Operating in both markets requires registration in each jurisdiction. In Portugal this means either a national filing or a European Union trade mark, which covers all member states.How long does registration take?
Timelines vary by registry and depend on whether third parties file oppositions. A clearance search carried out before filing is what most reduces the risk of refusal and of a drawn out procedure.
Intellectual Property and Trademarks
Need guidance on intellectual property and trademarks?
The initial consultation assesses the legal viability of your objective and sets out the available paths, with stages and timelines defined. Online, by video call or in person in São Paulo.
Monday to Friday, 9am to 6pm (Brasília time). We reply within one business day.