The BPTO Publishes New Criteria For Registering Slogans As Trademarks

By Dannemann Siemsen

A recent update to the Brazilian Trademark Office (BPTO) Trademark Guidelines, published on November 27, 2024, has relaxed the criteria for registering slogans as trademarks. Previously, the registration of slogans was restricted because the law prohibited the registration of expressions used solely for advertising purposes.

The BPTO's new interpretation prioritizes the overall evaluation of the trademark. This means that even if a slogan is used only for advertising, it can be registered as long as it is filed in conjunction with a distinctive element, such as a logo or company symbol.

Another important factor now is the originality of the slogan. According to the BPTO, unique slogans now have a better chance of being registered. In this regard, the BPTO reports that it will verify whether there is dilution by conducting searches using internet search tools, with the aim of clarifying whether identical or similar slogans are already in use in the intended market segment.

Still regarding originality, for slogans devoid of additional distinctive elements, the use of creative elements will be taken into consideration, such as novel elements, play on words or expressions that allow for more than one interpretation.

It is also relevant to highlight that the BPTO, during the discussions that preceded the publication of these new Guidelines, communicated that the new criteria will be applied to pending trademark applications for slogans, including those currently under appeal.

In summary, the update to the Trademark Guidelines significantly increases the possibility of registering slogans, including those under provisional or definitive refusal. In this sense, our office offers personalized solutions for each client, aiming to optimize the chances of success in registering their slogans and thus increase the legal protection of this important class of intangible assets in Brazil.