Brazil: Performing trademark clearance searches without experts can lead to problems

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Brazil: Performing trademark clearance searches without experts can lead to problems

Sponsored by

daniel-400px.png

Performing trademark clearance searches should always be the first step taken prior to filing a trademark application, as they are an effective way of preventing legal risks before launching a brand.

A few years ago, these searches were solely performed by experts in intellectual property law, but nowadays, there are lots of search tools that are exclusively using artificial intelligence (AI) to provide less costly and expedited search results.

Although AI is here to stay, why should companies still seek local advice?

While doing business in Brazil, local knowledge is key in many situations due to the Brazilian legal system's peculiarities. This also applies to trademark clearance searches.

To better illustrate, a brand that in the same circumstances would have no problem receiving registration in the US or throughout Europe, might be rejected in Brazil either because of our PTO's contradictory decisions or based on absolute grounds. For example, if a phrase or expression makes sense in any language, there is a high chance Brazil's PTO will reject it as being descriptive or a mere slogan. Also, one of the reasons Brazil's PTO makes contradictory decisions is that its level of tolerance of coexistence varies depending on the class in which the application is filed.

All these hindrances can be avoided by simple suggestions from an expert, such as filing the mark together with a house-mark or combined with other distinctive elements.

In a connected world, companies are interested in having a unique identity globally and time is of the essence. We therefore encourage the use of AI to perform searches, as it evidently reduces costs and provides speedy results. Nonetheless, in jurisdictions with their own idiosyncrasies, using AI engines should not rule out an expert analysis, as local know-how may completely change a search report and advice from the beginning.

helayel.jpg

Livia Helayel


Daniel Legal & IP Strategy

Av. República do Chile, 230, 3rd Floor

Centro, Rio de Janeiro 

20031-170, Brazil

Tel: +55 21 2102 4212

www.daniel-ip.com

more from across site and SHARED ros bottom lb

More from across our site

Via LA’s Qi wireless charging patent pool now covers more than 50% of all SEPs in the space
Vida Panganiban-Alindogan at SyCip Salazar Hernandez & Gatmaitan discusses IP valuation and why no IP practice area is more important than the other
The IP team at Morais Leitão discusses high-stakes litigation, strategic partnerships with clients, and bolstering cross-border expertise
Eszter Szakács discusses 5.30 am wake-ups, legal mind games, and eating Nutella in the middle of the night
Counsel explain how AI can create brand protection headaches, but also be used to fight fakes
An AI copyright update in the UK and IP protection efforts by Temu and WeChat were also among the top talking points this week
Mary Till says she has been helping clients navigate policy questions, including staffing concerns at the office
A seminal decision concerning second medical use patents and questions over confidentiality were among the top talking points this fortnight
Managing IP considers some of the key themes from the 2025 Annual Meeting and offers some tips for London 2026
A comparison of the 2024 and 2025 editions of the Managing IP EMEA Awards reveals the firms and companies that have been dominating Europe’s IP market year after year
Gift this article