The brand is the hallmark of the product or service provided by a company. It performs the advertising function for identification of a product, allowing the consumer audience to individualize it, distinguishing it from similar ones, valuing it according to its quality and informing the user about its origin.
Therefore, the brand is the professional identity of your business. If you lose it, you lose your business, since your products or services are 100% associated with your brand. These are some of the valuable actions that, having your own brand represents:
1. Distinguish yourself from the competitors.
2. That your quality system expands to all your products/services represented by the brand.
3. Preserve and multiply the investments you make for the future.
4. The brand helps you to convert the reputation and fame you get for each product/service and gives it a market value.
5. Develop loyalty towards your company.
6. Make your business more attractive for future investors.
Therefore, it is important to register your brand to:
1. Protect your assets and your business.
2. Preserve new opportunities that can arrive for the development of your business.
Property of the brand:
Our legal system recognizes, as the owner of a brand, who gets the trademark registration online for his business. In this way, you obtain the exclusive property of the brand and, from now on, you will be able to freely dispose it of according to your needs and commercial objectives.
Protection against the use of the brand by third parties:
The trademark registration gives the registrant the right to prevent any person from using an identical or confusing mark with his, thus protecting his clientele from fraud and confusion.
Transfers and licenses to use the brand:
The ownership of the brand confers the right to sell it to a third party, within the framework of a goodwill transfer or in an isolated manner, guaranteeing the acquirer the legality of the transfer, and avoiding liability for eviction. In turn, the ownership allows the owner to grant a third party for the use of brand, licensing it in exchange for economic values, for a specific time.
Value of the intangible:
The value of the brand, among other economic variables, can have a significant impact on the determination of the market price and turns out to be a decisive factor in the formation of its clientele. The control of the legal aspects of the brand is of great importance, since it allows the company to consolidate the loyalty of the user or consumer through the preservation of the identity of the products.
Duration of protection:
The registration of the trademark confers ownership of the trademark and its protection for a term of 10 years. It may be renewed indefinitely, for equal terms.
The registration process:
It is done before the National Institute of Industrial Property (INPI), has an
average duration of 12-24 months; The applicant for the registration must establish a special domicile in the Federal Capital for the purposes of the notifications that may be send to him as a result of the process. The agency will publish the trademark. So that any third party that considers itself with sufficient rights can object to its registration; Once the deadlines for this have expired, the INPI will decide on the pertinence of granting or denying the registration of the trademark. Always ask for trademark registration fee before hiring any consultant for the trademark process.
The assistance of a professional:
Professional advice in this area is highly recommend. As a trademark registration consultant has the relevant technical tools to determine the registration possibilities of the chosen brand, comparing them with those registered in the same activity category, accompanying the employer during the process, interposing the necessary administrative resources. So that the mark is granted by the organism. Therefore, The professional will be in charge of the care of the brand, ensuring that similar brands are not registered, which can remove customers from the company.
It is advisable to start the trademark registration process when launching any start up to the market. Since the growth of the company will always link to your brand. Therefore, You will avoid the risk of finding difficulties to register the brand or be in the undesirable circumstance of having to face third-party demands for the use of an unregistered trademark.
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