International expansion: how to protect your brand outside of Brazil?

With the growth of the digital market, e-commerce, and outsourced production, more and more Brazilian brands are starting to operate beyond national borders. However, international expansion requires essential care: protecting the brand in the countries where it operates or intends to operate. Without this, the name can be registered by third parties, hindering operations and generating significant losses.

Brand protection abroad does not happen automatically. Brazilian registration does not extend to other countries, and each jurisdiction has its own rules and systems. Therefore, it is crucial that the brand has a structured international strategy, aligned with its market objectives and growth plan.

The first step is to define where the brand needs protection. This involves analyzing countries where the company already sells, where it intends to enter in the future, where it produces parts, where it maintains commercial partnerships, or where its digital presence already reaches a relevant audience. Then, there are three main paths to international registration: the Madrid Protocol, which allows for unified registration in several countries; direct national registration, done individually in each country; and regional registration, available in specific economic blocs. Each option has distinct advantages and requirements that need to be technically evaluated.

Another important point is that risk analysis abroad must also be thorough. Similar trademarks, phonetic conflicts, specific categories, and legislative differences can prevent registration or require adaptations to the strategy. Specialized legal action avoids inappropriate progress, rework, and rejections.

International protection also includes continuous monitoring. Even after registration, it is necessary to monitor attempts by third parties to register similar marks, ensuring that the trademark remains exclusive and protected in all relevant territories. This oversight is an essential part of international legal management.

For fashion brands that export, manufacture, or market outside of Brazil, international registration is a strategic measure that protects the company's most valuable asset: its brand identity. It enables smooth expansion, preventing third parties from appropriating a name built with investment, time, and reputation.

Carolina Lago Advocacia, a law firm specializing exclusively in Fashion Law, offers comprehensive legal counsel for structuring, registering, and monitoring trademarks in other countries, ensuring legal security and international planning aligned with business growth.

To learn more about our services or understand how our firm can assist your brand, please visit https://linktr.ee/carolinalagoadvocacia.