Brazil Revolutionizes Trademark Protection Advertising Slogans Now Eligible for Registration As of November 27, 2024, Brazil has entered a new era in intellectual property protection. The Brazilian Trademark Office (BTO) has implemented groundbreaking rules allowing advertising slogans to be registered as trademarks. This progressive shift empowers businesses to secure their creative slogans, ensuring comprehensive protection while fostering innovation in marketing strategies. Here’s how this pivotal change transforms the trademark landscape—and how your business can stay ahead of the curve. The Policy Shift: What’s Changed? Brazil’s previous regulations under Industrial Property Law (Law No. 9.279/96) excluded advertising slogans from trademark registration if they were deemed purely promotional. This left many slogans unprotected, exposing businesses to misuse and copycat practices. Under the new rules, advertising slogans are now eligible for trademark protection, provided they fulfill two key criteria: Advertising Function: The slogan must serve a promotional purpose, highlighting the product or service. Distinctive Function: It must also act as a unique identifier, distinguishing the product or service from competitors. This dual requirement aligns Brazil with international standards, offering brands a stronger foothold in global and domestic markets. Why This Matters: Unlocking the Power of Slogans This policy change is more than just an update—it’s a game-changer. Advertising slogans are vital branding tools, encapsulating a company’s values, mission, and promise. By granting legal protection to slogans, businesses can now: Reinforce Brand Integrity: Protect slogans from imitation, ensuring their unique voice remains intact. Expand Creative Horizons: Develop bold, innovative slogans with the assurance of legal safeguards. Build Consumer Trust: Strengthen recognition and loyalty by associating slogans with quality and originality. What Makes a Slogan Eligible? The slogan must go beyond generic or overly descriptive language. It needs to be: Memorable: The slogan should stick in the consumer’s mind, such as “JUST DO IT” for Nike. Distinctive: It must be uniquely tied to the brand, not commonly used in the industry. Relevant: The slogan must connect to the brand’s identity and products while differentiating itself from competitors. For example, “I CAN’T BELIEVE IT’S NOT BUTTER!” isn’t just a promotional phrase—it also distinctively identifies the brand in the margarine market, making it a strong candidate for trademark protection under the new rules. How Businesses Can Capitalize on the Change This new era of trademark protection provides an unparalleled opportunity for businesses. To make the most of it, consider these steps: Audit Your Slogans: Review your marketing assets to identify slogans that could qualify for protection. Invest in Creativity: Develop innovative slogans with the dual function in mind, ensuring they are both promotional and distinctive. Act Quickly: File trademark applications for eligible slogans without delay to secure exclusive rights before competitors. Collaborate Strategically: Work with intellectual property experts to navigate the registration process and avoid common pitfalls. Challenges to Anticipate Proving Distinctiveness: Slogans must meet the dual-function criteria, which may require evidence like consumer surveys or market analysis. Managing Opposition: Competitors may challenge your application if they deem your slogan too similar to theirs. Adapting Quickly: As the rules are new, legal precedents and practical guidelines may still be evolving. About the Author Marcus Julius Zanon, an experienced IP lawyer and member of the International Intellectual Property Law Association (IIPLA), specializes in trademark law and innovation strategies. Connect with Marcus to safeguard your intellectual property and position your brand for success. Email: [email protected] Website: www.mjzanon.com Phone: +55 41 99137-1456