Trademark registration and the INPI's unified fee charging
A relevant change in the trademark registration procedure concerns the way fees are charged by the INPI, which has come to be done in a unified way at the start of the process. This tends to affect the planning of those who intend to protect their trademark.
Registering a trademark is one of the most important ways to protect a business's identity. The procedure is conducted by the National Institute of Industrial Property (INPI), the authority responsible for examining and granting trademark registrations in Brazil.
One change that deserves attention concerns the model for charging fees. The INPI has adopted a unified charging approach, concentrating payment at the start of the process, instead of splitting it across different stages over the course of the proceeding. This text treats the topic conceptually, without indicating specific amounts, which may vary and depend on each case.
What unified charging means
Under the approach of charging concentrated at the start, the applicant tends to bear the cost of the fee at a single moment, when filing the application, rather than in installments distributed as the process advances. In practical terms, this changes the way the outlay is organized, even though the general logic of protection remains the same.
Impact on planning
For those who intend to register one or several trademarks, this charging approach reinforces the importance of planning ahead. Concentrating the cost at the start may require a different financial organization, especially for companies that plan to protect the trademark in more than one class of products or services.
- Clearly define the trademark you intend to protect;
- Assess in which classes registration is necessary;
- Organize the outlay considering the initial charge;
- Carry out a prior search for earlier trademarks;
- Follow the progress of the application with the INPI.
The trademark is only yours after registration
It is worth reinforcing a central point: as a rule, it is registration with the INPI that ensures ownership of the trademark and the right of exclusive use, within legal limits. Mere use, without registration, tends to offer more limited protection. For this reason, the sooner the process is started, the lower the risk that someone else gets ahead of you.
Prior search as good practice
Before filing the application, it is advisable to carry out a search to check whether identical or similar trademarks are already registered or pending. This step may help reduce the risk of rejection and avoid costs with an application that would face obstacles.
Conclusion
This content is for informational purposes only and does not constitute legal advice. Each case requires individual analysis by a qualified professional.
Frequently asked questions
What changed in the INPI's fee charging?
The INPI has adopted a unified charging approach, concentrating payment at the start of the registration process, instead of splitting it across different stages. The specific amounts may vary and depend on each case.
Do I need to pay everything at once?
Under the approach of charging concentrated at the start, the cost tends to be borne at a single moment, when filing the application. Since the conditions may vary, it is prudent to check each situation and to plan the outlay in advance.
Does using the trademark without registering already protect it?
As a rule, it is registration with the INPI that ensures ownership and exclusive use, within legal limits. Use without registration tends to offer more limited protection. It is advisable to assess the case with professional support.
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