Could influencers lose the right to use their own names? Understand the risks

In the digital world, an influencer's identity is often their greatest asset. Stage names, nicknames, and even their legal names become brands recognized by the public and directly associated with products, services, and commercial partnerships. But, contrary to popular belief, the right to use one's own name is not absolute when industrial property issues are involved.

The Constitution and the Civil Code guarantee the right to a name as part of one's personality. However, the Industrial Property Law (Law No. 9,279/96) provides that trademark registration with the National Institute of Industrial Property (INPI) grants exclusive use for specific activities. This means that if a company or individual registers your name as a trademark before you, and in the same class of products or services as you, they may prevent its commercial use.

There have been cases in which influencers, fashion designers, and even athletes have had to change the names of collections, products, or companies due to conflicts with previously registered trademarks. The damage goes beyond legal issues, directly affecting identity, contracts, and revenue.

To avoid surprises, it's best to register your artistic or professional name as a trademark as soon as you begin using it for commercial purposes. This ensures exclusivity, strengthens your market presence, and prevents legal disputes.

At Carolina Lago Advocacia, we offer specialized consulting for influencers and fashion professionals, covering everything from feasibility research to registration, ensuring your identity is secure and protected from misuse.