Intellectual Property: protect what you have created
Your company's name, the logo customers recognize, an innovative product, software, a book, a photograph or an online course. Often the most valuable asset of a business is not physical but intellectual. Protecting these assets is what prevents others from using, copying or registering before you what took you years to build.
We work on the preventive protection and defense of trademarks, patents, industrial designs, copyright and software. We explain in plain language what can be protected, how each procedure works, how long it usually takes and what official costs are involved.
Trademark registration at the INPI
In Brazil, the right to exclusive use of a trademark is acquired, as a rule, through registration with the National Institute of Industrial Property, the INPI. Having a company tax ID, a website domain or a social media profile with a given name does not, by itself, guarantee ownership of the trademark. Since whoever files first generally prevails, delaying the application may mean losing the name to a competitor.
Before filing, we carry out a clearance search to assess whether identical or similar trademarks already exist in the same segment. Protection is defined by classes of goods and services, so choosing the right classes is decisive. We follow the entire process, including any oppositions by third parties and office actions from the INPI.
Once granted, the registration is valid for ten years and can be renewed successively for equal periods, as long as the owner files renewals on time and keeps the trademark in use.
Patents and industrial designs
Patents protect inventions and utility models that are new, involve an inventive step and have industrial application. As a rule, an invention patent lasts twenty years and a utility model fifteen years, counted from the filing date. A key point: disclosing the invention before filing may compromise novelty, so it is important to seek advice before presenting the product to the market.
An industrial design protects the visual form of an object, such as the design of packaging, furniture or a part. The initial registration is valid for ten years and may be extended, up to the limit set by law.
Copyright and software
Literary, artistic, musical, photographic, audiovisual and other intellectual works are protected by the Copyright Law from the moment they are created, regardless of registration. Even so, keeping proof of authorship and date, such as original files, registrations with the competent bodies and contracts, makes defense much easier in case of copying.
Computer programs also have their own protection. Registering software with the INPI is optional, but it is important evidence of authorship and date, useful in negotiations, investments and disputes. We advise on ownership of code developed by employees and contractors, a point that often causes disputes when it is not addressed in the contract.
License, assignment and confidentiality agreements
Intellectual property can generate revenue through licensing, franchising and partnerships. We draft trademark and technology license agreements, copyright assignments, confidentiality agreements and intellectual property clauses in employment and service contracts.
Defining in writing who owns a creation, for how long it can be used, in which territories and for what compensation prevents disputes and adds value to the asset.
Defense against copying and misuse
When someone uses a similar trademark, copies a product, reproduces texts or images without permission or creates profiles that confuse customers, it is possible to act. We usually start with an out-of-court notice and takedown requests to platforms. If necessary, we file a lawsuit to stop the use and seek compensation.
We also advise on unfair competition, such as imitation of packaging, diversion of customers and misuse of confidential information.
How our service works
In the initial conversation, we learn about your business, the creations you want to protect and the current risks. We then present in writing a protection plan with priorities, estimated timelines, official fees and our fees.
You follow each application and deadline through the client portal, with clear explanations of the INPI's publications. We do not promise that registrations will be granted, which depends on the office's examination, but we guarantee a careful strategy and close follow-up of the entire process.
If you are launching a brand, a product or content, schedule a conversation. Protecting before disclosing is always the safest path.
