The first question we need to ask is: is it really yours? Yes, because many people arrive at Iplatam saying that so-and-so “is using my trademark” and, in fact, he has never registered it with the INPI (National Institute of Industrial Property). If that’s your case, talk to our experts right away to check if the name is released and, if that’s the case, provide the documentation.
In Brazil, in intellectual law, whoever arrives first wins. It’s no use using the name for two decades without officialdom. Your competitor who is yet to open the business can go to the INPI, pay for the registration and guarantee the name and even sue you if you don’t stop using the brand, which is his!
For this article, and in an attempt to answer your question, let’s assume that it was: you were responsible, you hired a patent and trademark attorney and you registered the name. Even so, a competitor, unwittingly or intentionally, is breaking the law and using a nickname to which he or she is not entitled. And now?
THEY ARE USING MY BRAND!
Calm down, there is a solution. The first thing that should be clear is that there is no Brand Police! No police officer will inspect the misuse of a name and go there to arrest the offender or call him to provide clarification at the police station. INPI does not have a team on the streets checking if everything is ok, everything is quiet, “no news”, as the police officers on patrol say: It’s like a land invasion. If the owner doesn’t file a complaint, the Court will not discover the problem alone and will not be able to act! The official of the Real Estate Registry Office does not go out to check if everything is right with the land in the city.
So the first step is yours. Before taking any more drastic action, it is recommended to find out if the offender is malicious or has just committed an oversight. He may not even know that your company exists, so he has no idea that the name is already in commercial use.
Pick up the phone and try to converse diplomatically: “friend, you are using my brand. I registered her x years ago. It’s all documented. Change your company name, please, so we don’t have any legal problems.”
JUDICIAL RESOLUTION
If your request is accepted, wonderful. End of problem. Now, if the offender reacts saying something like “you’re the one using my brand and I’m not going to change anything”, then there’s no other way out. It is necessary to resort to legal means. Iplatam’s lawyers can either notify the company out of court, trying again to force a settlement or they can file a lawsuit. As you are the owner of the brand, as you have the INPI registration, the issue will soon be resolved.
MONITORING
A strategy to avoid wondering if “they are using my brand” and wearing out with this fear is to monitor them. Contact us to understand how this service works. In short: every week, Iplatam checks new registration requests made to the INPI and finds out if there are “collisions”, that is, coincidences between a name that wants to be registered and yours.
Your brand is an asset! It has a price! It is prestigious by customers. It is recognized by the market. Never give up this valuable capital!
