Mistakes companies make when trying to register a trademark on their own.

Registering a trademark is more than just filling out a form at the INPI (Brazilian National Institute of Industrial Property). It's a technical task involving specialized legal analysis, protection strategy, and a deep understanding of the rules governing the Brazilian trademark system. When companies try to conduct this process alone, seemingly simple errors can lead to significant losses or even completely prevent registration. Below, we highlight the main mistakes made—and why proper legal advice makes all the difference.

1. Failure to conduct a technically sound prior art search

A prior art search is not just typing the name into the INPI system.

A complete analysis requires:

• verification of phonetic and visual similarities;

• analysis of the risk of confusion;

• study of similar trademarks registered in other classes;

• and legal interpretation of the real chances of approval.

Without this, the company may invest time and resources in a name that has no chance of being registered.

2. Incorrect choice of class and activity specification

One of the most common mistakes is selecting classes that do not correspond to the company's actual scope.

When this happens, the brand is left unprotected precisely in the segment where it most needs protection—or the application is rejected due to inadequacy.

The wording of the activity is also technical. An incorrect specification can limit the scope of protection or generate conflict with previous trademarks.

3. Believing that basic registration protects the brand broadly

Many companies believe that registering the name once is enough to be protected in all sectors.

However, protection is sectoral and depends on strategy: classes, subclasses, extensions, and types of signs.

This lack of understanding leads to a false sense of security, leaving loopholes for competitors to register similar signs in related areas.

4. Underestimating INPI notifications, oppositions, and requirements

During the process, the INPI (Brazilian National Institute of Industrial Property) may:

• present formal requirements;

• demand adjustments to the specification;

• or receive oppositions from holders of similar trademarks.

Without legal knowledge, many companies don't know how to respond or miss deadlines—and this jeopardizes the entire process.

5. Protecting only the name and ignoring visual elements

In fashion, visual identity is as valuable as the name.

Ignoring the registration of logos, symbols, and distinctive elements can leave essential parts of the brand completely exposed.

Why rely on specialized advice?

Trademark registration is a strategic step for any company, especially in the fashion sector, where identity, differentiation, and exclusivity are essential pillars.

Carolina Lago Advocacia specializes in risk prevention and building adequate protection, ensuring that trademarks are registered in a technically sound, secure manner, aligned with business objectives.

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