Will my company's brand be registered?

It is advisable to check the trademarks already registered before the incorporation of the company, so that there is no repetition of the adopted name

After our previous approach to companies, we are now going to clarify the difference between the company's identifying name – FIRMA – and the registered trademark. This is because the company may be registered, but that does not mean that the brand is also registered.

When we form a company, although the company is duly registered in the National Register of Legal Persons (RNPC), its name is not automatically registered as a trademark of our company's services or products.

It is, therefore, advisable to check the trademarks already registered before the incorporation of the company, so that there is no repetition of the adopted name.

The BRAND distinguishes a certain product or service of a company, so to advertise and distinguish them from the others, there must be an associated name or logo.

In order for us to use a brand, logo or other distinctive signs, they must be registered.

This is necessary to ensure that we can use the brand, as well as to ensure that it is exclusive and that third parties are prevented from using it.

To proceed with the registration of the trademark, it is necessary to consult the existing trademarks beforehand, so as not to run the risk of having our application for registration refused. If there is a similar or the same brand already registered, our application will be rejected.

Then, a series of elements will have to be gathered before starting the procedure, namely which brand to register - words, drawings, figures and colors can be used (colors can also be registered) - and which products or services what the brand reserves. For this purpose, the Nice classification (international classification of products and services for the registration of trademarks) should be consulted.

Doubts often arise as to which class to apply to our services and products, as the listing is extensive. To help, I suggest checking the site http://tmclass.tmdn.org/ec2/, where you can search and more easily classify products and services.

Once you have gathered the elements, you can start your application on paper, directly at the services of the National Institute of Industrial Property (INPI), by mail, or online through the platform of the aforementioned Institute.

All citizens can access the platform https://inpi.justica.gov.pt/ and request the desired service, always having the citizen's card at hand to carry out the digital signature of the request.

It should also be noted that, in terms of costs, the face-to-face order has twice the costs compared to the order on the platform, in other words, except in a better opinion, it is always preferable to opt for the online service, thus having a 50% discount.

However, if there are doubts and difficulties in requesting these services, they can always turn to a Solicitor, a professional who will help them formalize and implement them.


Author: Tânia Fernandes is a solicitor

Note: Article published under the partnership between the Sul Informação and the Order of Solicitors and Enforcement Agents