US Trademarks Stop at the Brazilian Border

Stealing another company’s intellectual property is ill-advised. Stealing the trademarks of one of Brazil’s most recognizable soccer teams is just plain foolish.

A Brazilian retailer recently learned that lesson after selling a ring with Flamengo’s name, logo, and other protected symbols without authorization. Flamengo sued, and the court held that the unauthorized use of the team’s trademarks violated its intellectual property rights.

This wasn’t a case involving an obscure mark that someone might plausibly claim not to recognize. Flamengo is one of the most well-known sports teams in Brazil. Stop almost any Brazilian on the street, show them the logo, and they’ll tell you exactly what it is.

But not all trademarks are as recognizable as Flamengo’s. That makes registration in Brazil even more important. Without a local registration, proving ownership and stopping unauthorized use can be much more difficult.

A trademark registered in the United States doesn’t automatically protect its owner in Brazil. You must file directly with Brazil’s National Institute of Industrial Property, known as INPI, or designate Brazil through the Madrid Protocol. Either way, you must secure trademark rights locally.

That urgency stems from Brazil’s “first-to-file” rule. Under Brazilian law, trademark rights generally belong to the party that files first with INPI, although there are limited exceptions for prior users acting in good faith.

Performing a local trademark search and filing early helps protect your brand before you begin doing business in Brazil. Just like on the soccer field, a strong defense starts before the match begins.