Historically, the Brazilian Industrial Property Law (LPI) has been strict about trademarking slogans. However, a recent change in interpretation by the National Institute of Industrial Property (INPI) has opened up new opportunities for businesses to protect their brand identity.

What’s changed?

Previously, only slogans that were highly distinctive and not primarily used for advertising could be registered as trademarks. Now, the INPI recognizes that slogans can serve as valuable brand assets and can be protected as trademarks, provided they meet certain criteria.

To qualify for trademark protection, a slogan must:

• Be original and distinctive.
• Not be merely descriptive of the product or service.
• Not be generic or commonly used in the industry.

This change marks a significant step forward in protecting branding assets in Brazil, offering businesses a powerful tool to enhance their market presence and competitiveness.