Trademark infringement and unfair competition in Brazil
We act to stop unauthorized use of trademarks, company names, trade dress and other distinctive signs through evidence preservation and an extrajudicial or judicial strategy.
5,0 · 18 Google reviewsTrademark enforcement requires distinguishing legitimate similarity from likelihood of confusion, improper association, free riding or customer diversion. The response is built around the right asserted, form of use, channels involved, urgency and available evidence.
How we may structure protection.
- Infringement analysisWe compare signs, goods, services, audiences, channels, territory, priority and distinctiveness to assess the conflict.
- Evidence preservationWe advise on lawful capture of pages, advertisements, packaging, communications, sales and other relevant evidence before it disappears.
- Cease-and-desist strategyWhere appropriate, we structure a proportionate communication seeking cessation, information, evidence preservation or negotiation.
- Platforms and domain namesWe assess available measures before marketplaces, social networks, providers and domain-dispute systems without confusing private policies with court orders.
- Court reliefWe assess injunctions, cessation of use, court-ordered production of documents, damages and other measures supported by the facts and Brazilian law.
- Unfair competitionWe address trade-dress imitation, fraudulent customer diversion, business confusion and other unlawful competitive conduct.
How it works.
- Urgency triageWe confirm the asserted right, challenged use, active channels and risk of continued conduct or loss of evidence.
- Legal and evidence matrixWe organize ownership, priority, similarities, market context, reach and available documents.
- Select the responseWe determine whether the proportionate measure is strategic contact, cease-and-desist notice, a platform procedure, negotiation or litigation.
- Implement and monitorWe implement the approved strategy, monitor responses and adjust measures as facts and decisions develop.
What helps the initial review.
- Trademark application or registration certificate
- Evidence of use and priority
- Screenshots, links, advertisements, packaging and invoices
- Information on channels, reach and affected audiences
- Prior communications with the party responsible for the use
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleTranslations of real client reviews published on Google.
Who leads this area.
Partner in charge of the corporate practice (OAB/SP 344.334) and a member of the AIPLA — American Intellectual Property Law Association. Also a member of AASP and postgraduate in Business Law (FGV). Fluent in English.
Meet Renato FalchetRelated guidance and services.
Common questions.
What may constitute trademark infringement in Brazil?
Unauthorized use of an identical or similar sign may be unlawful when it affects a protected right and creates a legally relevant likelihood of confusion or association. Analysis depends on registration, use and market context.
Must I own a trademark registration to act?
Registration strengthens and defines trademark rights, but other grounds may exist, including company-name rights, unfair competition and trade-dress protection. The proper basis depends on the facts and provable rights.
Should I send a cease-and-desist letter first?
Not always. A letter may resolve or document the dispute, but it may also alert the other party and affect evidence preservation. Urgency, risk and objectives should be assessed before contact.
Can an advertisement or product be removed from a platform?
Platforms have their own reporting channels and document standards. A report may be appropriate, but it does not necessarily replace legal analysis or a court order, and an improper takedown may also create risk.
Can I claim damages for unauthorized use?
An injunction and damages may be available. In trademark-infringement cases covered by STJ precedent, harm may be presumed without separate proof of each loss. The unlawful conduct and the applicability of the precedent must still be established. The amount must be assessed under the statutory criteria, including Article 210 of Law 9,279/1996; no amount or outcome is guaranteed.
What is the difference between infringement and an INPI opposition?
Infringement concerns use in the market and its effects. Opposition is an administrative dispute over whether an application should be registered. They may coexist but have different objects and evidence.
Is a third party using your brand in Brazil?
Send the registration, links and available evidence. The initial review identifies urgency, risk and the legally appropriate measures.