Paulo Afonso Pereira - Propriedade Intelectual
Trademarks Protection Planning.
The trademark’s protection planning starts during the company’s decisive phase where it will choose the expression to represent a new product or service or an alteration of the trademark already in use.
At the same time it is important to do the perfect framing of the product or service looking for protection. Therefore, the registration request needs to be done in the same class as the protection to avoid future using up in case of a wrong protection. Because the trademark’s concession is permitted in accordance with a classification to include products and services, for many times it is possible to have identical trademarks but for distinct products or services. For example: it is perfectly possible that a medicine trademark is also used by a clothes fancy-work but if it is not well framed, it might loose the objective and end up loosing the identity.
After choosing the expression and defining about the protection, a research is done at the INPI - Instituto Nacional de Propriedade Intelectual (Intellectual Property National Institute) database; or to check if the trademark does not belong to another country through the respective database of each country.
Such research, technically called a search, tries to identify possible coincidences with previous trademarks already registered or during the registration process on the area it will be used. The main objective is to avoid using up, financial wasting, unnecessary disputes and mistakes that might prejudice the product’s casting and services or even the trademark’s survival.
The search is done to try to find possible identities using radicals, prefixes, suffixes, the common phonetic similarities, grammatical, ideological and with trademarks in the same class, besides evocative expressions that might characterize a fragile trademark susceptible to a parasite competition.
After checking the expression registration viability for the product or service it is necessary to do the effective request for registration.
The claimed result can only be achieved if the work is done looking for the best protection strategy and following up the process through all its existence. Remember to not work with expectations but looking for results.
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