Have you ever thought about protecting your company slogan? That phrase that you love so much and that represents your brand? Slogans such as “If it’s Bayer, it’s good”, “Just do it” and “Red Bull gives you wings” are directly associated with the Bayer, Nike and Red Bull brands, respectively. These examples of slogans are used by companies to attract the public’s attention, creating a strong connection between the phrase and the brand.
Article 73 of the old Brazilian Industrial Property Code, Law n. 5.772, provided for the protection of advertising expressions or signs. However, with the new Brazilian Industrial Property Law (LPI), article 124, item VII, the registration of a “sign or expression used only as a means of advertising” as a trademark is prohibited.
This change in legislation stems from the understanding that slogans, due to their generic nature and predominantly promotional function, use common words and expressions, which makes it difficult to distinguish between trademarks. They argue that this goes against the purpose of trademark registration, which is to uniquely identify a company. Furthermore, exclusivity over slogans could limit creativity and free competition in the market, since the main purpose of a slogan is to promote a product or service, not to identify a company.
Protection against unfair competition is fundamental when it comes to advertising slogans. Unfair competition is any practice that lawfully harms the reputation or business of a competitor or creates confusion in the market. For this reason, slogans are protected by the institute of unfair competition, according to articles 195 and 209 of the LPI.
Although it is not currently possible to register a slogan as a trademark before the Brazilian Patent and Trademark Office (BPTO), at a recent event organized by the agency, it was announced that it will soon be possible to register slogans with a certain degree of originality. This registration will make it easier to prove authorship and will become an important tool for establishing the date of creation. Currently, there are a few ways to protect slogans. One is to register the slogan before the Brazilian National Library as part of an advertising piece.
Wish to know more about protecting your advertising expression or slogan? Contact one of our lawyers and make an appointment.