Creation and protection: what can actually be registered in the world of fashion? Understand how to strategically protect your creations.

In the fashion industry, originality is a true legal asset. Each piece, print, logo, collection, and visual concept carries economic and symbolic value that can—and should—be protected. However, it is essential to understand which elements of a creation actually qualify for registration under Brazilian law.

Fashion protection in Brazil is primarily supported by two laws: Law No. 9,279/1996, known as the Industrial Property Law (LPI), and Law No. 9,610/1998, the Copyright Law (LDA). These laws complement each other to ensure that creations in the fashion world, both from a technical and artistic point of view, are adequately protected.

Among the elements that can be registered are trademarks, which function as distinctive signs capable of identifying products or services—such as names and logos—and are registered with the INPI (National Institute of Industrial Property). Registration grants exclusivity to the owner throughout the national territory, according to Article 129 of the LPI. Industrial designs can also be protected, encompassing the ornamental form of an object or the set of lines and colors that give it a new and original visual aspect, under the terms of Article 95 of the same law. This includes soles, handbag shapes, prints, and exclusive patterns, provided they have a distinctive character and are not merely functional.

Copyrighted works, such as sketches, advertising campaigns, editorials, photographs, and conceptual fashion shows, are automatically protected by the Copyright Law, regardless of registration. Protection arises at the moment of creation, according to Article 7 of the LDA, and assures the author the moral and patrimonial right over the work.

On the other hand, there are creations that cannot be registered. Abstract ideas, trends, or generic styles are not subject to legal protection, as they do not have a concrete form. Similarly, purely functional forms—such as the basic cut of a t-shirt or the standardized design of a pair of jeans—cannot be registered as an industrial design, since they result from a technical necessity. It is also important to note that isolated colors cannot be registered as trademarks, according to Article 124, item VIII, of the Brazilian Industrial Property Law (LPI), except when combined in a distinctive way, as occurs in the positional trademarks analyzed individually by the INPI (Brazilian National Institute of Industrial Property).

In a creative and competitive market like the fashion industry, specialized legal support is indispensable. Legal advice in Fashion Law covers everything from analyzing the registrability of visual elements to drafting contracts with designers, suppliers, and creators, ensuring that the brand's intellectual capital is properly protected. Furthermore, legal support is essential to prevent disputes, combat unfair competition practices, and preserve the symbolic and commercial value of the business.

Protecting creative capital is protecting the business itself—and it is precisely at this point that Fashion Law becomes a strategic tool for differentiation, growth, and credibility. Therefore, rely on specialized legal advice.