A crucial step for protecting slogans is to establish its precedence, to avoid disputes over its creation date. Therefore, the following strategies can be adopted:
- Filing a trademark application: Apply to register the slogan as a trademark before the Brazilian Patent and Trademark Office (BPTO). Even if the application is rejected on the basis of article 124, item VII, of the LPI, registration guarantees the priority date of use and makes the right public to third parties.
- Registration at a Notary’s Office: Register the slogan and associated concepts at a Notary’s Office is also possible. In this case, the expression will not be publicized.
- Registration with the National Library: Is it also permitted to register the slogan in the context of an advertising piece or in a record to establish the date of its creation.
In addition to these options, if the slogan is original and creative, and is part of a larger work, such as an advertising campaign, it can be protected as an intellectual work by the Copyright Office of the Brazilian National Library.
Although the registration of a slogan only as a means of advertising is not permitted by the current Brazilian industrial property legislation and, in spite of slogans already being protected by the institute of unfair competition, according to articles 195 and 209 of the Brazilian Industrial Property Law (LPI), in a recent event promoted by the agency, it was announced that it will be possible, soon, to register slogans with a certain degree of originality as trademarks. This registration will make it easier to prove authorship and will become an important instrument to establish its creation date.
Wish to know how to protect your slogan internationally? Click in the bio link to read our article about the matter or contact one of our specialized attorneys.
https://www.araripe.com.br/2024/10/08/como-proteger-um-slogan-ou-expressao-de-propaganda/