The Brazilian PTO’s Trademark Guidelines will be amended as of 12/27/2024 to allow the registration of slogans as a trademark. In order to benefit from this provision, the slogan must be capable of performing a distinctive function. In other words, it must not have become common in the market segment, nor be exclusively descriptive, comparative, promotional, or laudatory, and it must be original.
The Brazilian PTO’s new legal interpretation is worth celebrating, as it allows companies to obtain stronger protection for their advertising expressions, aligning the country with the highest international standards. A study conducted by the World Intellectual Property Organization in 2004 revealed that slogans were registrable as trademarks in 67 countries and prohibited in only four: Brazil, South Korea, China, and Japan. In the latter two, this position was changed in 2023.
This shift in stance is part of the Brazilian PTO’s 2023-2026 Strategic Plan, which includes other goals, such as direct communication with users and the issuance of certificates for famous marks.
Our team is ready to answer any questions. Feel free to contact us at: trademarks@murtagoyanes.com.br