AULA 5.2 - UNIDADE 5 - REGISTRO DE MARCA: O QUE VERIFICAR ANTES DE FAZER O PEDIDO. — Transcript

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1. 0:00Hello everyone, I am professor Joaquim
2. 0:17Comin. We are continuing our CCO unit,
3. 0:19Trademarks and Patents at the INPI. In
4. 0:22the previous class, we learned how to
5. 0:24identify a situation involving a
6. 0:26trademark and saw that before advising
7. 0:28someone, we need to understand exactly
8. 0:30what they intend to protect. Now let's
9. 0:33move forward a bit. Imagine someone
10. 0:36approaches you and says: "I've already
11. 0:38chosen my brand name and I want to
12. 0:40register it. Can I file the application
13. 0:43now?" Before answering, there are some
14. 0:46important checks to make. In this class
15. 0:49, we will learn exactly what should be
16. 0:51observed before starting a trademark
17. 0:53registration application at the INPI.
18. 0:56Let's begin. First, identify what will
19. 0:59be registered. Folks, the first step is
20. 1:02to understand exactly what the person
21. 1:04intends to register. Imagine a small
22. 1:07business called Sabor da Serra. The
23. 1:11person might want to protect only the
24. 1:13name, but they may also have created a
25. 1:16logo with a specific image, design, or
26. 1:18visual composition. In this case, we
27. 1:22need to understand what will
28. 1:24effectively be presented to the INPI.
29. 1:27This is important because how the brand
30. 1:30is presented is part of the application
31. 1:32analysis. So, before thinking about
32. 1:36forms, payments, or any other step, ask
33. 1:38a simple question. What exactly do you
34. 1:41intend to protect as a trademark? It
35. 1:45may seem like a basic question, but it
36. 1:47helps organize the entire procedure
37. 1:49that follows. After identifying the
38. 1:53brand, a second very important question
39. 1:55arises. Does something similar already
40. 1:58exist, registered? Let's look at the
41. 2:00next slide. Conducting a search at the
42. 2:03INPI. This is one of the most important
43. 2:06precautions before requesting
44. 2:08registration. The INPI itself
45. 2:10recommends that a search be carried out
46. 2:13in its database to verify if there is
47. 2:16already a trademark registered similar
48. 2:19to the one being filed. Imagine someone
49. 2:23wants to register the trademark Sabor
50. 2:25da Serra for a specific product. Before
51. 2:28starting the application, it is
52. 2:30important to research if there are
53. 2:31identical or similar trademarks related
54. 2:33to that field of activity. And pay
55. 2:37attention to a detail: the preliminary
56. 2:38search does not mean the registration
57. 2:40will be granted. The entity that will
58. 2:43analyze the application is the INPI.
59. 2:46The search acts as a prior check that
60. 2:48can help the person better assess the
61. 2:50situation before starting the procedure
62. 2:52. Therefore, safe advice would not be:
63. 2:57I searched for the brand; it is
64. 2:59available. It would be more appropriate
65. 3:02to say: "The search did not initially
66. 3:04identify any impediment, but the
67. 3:06application will still be analyzed by
68. 3:08the INPI." But searching only for the
69. 3:12name is not enough. We also need to
70. 3:14know for which products or services
71. 3:16that brand will be used. Let's look at
72. 3:21the next slide. Identify the products
73. 3:24or services. Now we reach another very
74. 3:27important point. It's not enough to say
75. 3:30: "I want to register the Sabor da
76. 3:32Serra brand." We need to know what
77. 3:34Sabor da Serra is intended to identify.
78. 3:37A food product, a store. A service, or
79. 3:40a specific commercial activity. This
80. 3:43information is important because the
81. 3:45registration application must identify
82. 3:48the products or services the trademark
83. 3:50is intended to cover. To organize this,
84. 3:54the INPI uses the Nice International
85. 3:56Classification of Goods and Services.
86. 3:59Currently, this classification has 45
87. 4:02classes. Classes 1 to 34 correspond to
88. 4:05products, while classes 35 to 45
89. 4:08correspond to services. We don't need
90. 4:12to memorize all 45 classes. The
91. 4:15important thing for our initial work is
92. 4:17knowing that this classification exists
93. 4:19and that we must consult it before
94. 4:21filing an application with the INPI.
95. 4:26After these checks, we can organize a
96. 4:28brief roadmap to guide the interested
97. 4:30party. Let's look at the next slide.
98. 4:33Before requesting registration. So,
99. 4:35everyone, keep this short roadmap in
100. 4:37mind. When someone comes to you wanting
101. 4:40to register a brand, we shouldn't
102. 4:42immediately start filling out the
103. 4:44application. First, we need to identify
104. 4:47what the person intends to register.
105. 4:51Then, we must search the INPI trademark
106. 4:53database to check for existing
107. 4:55registrations or prior applications
108. 4:58that might be relevant. Next, we need
109. 5:02to identify the products or services
110. 5:04related to that brand and verify the
111. 5:07corresponding classification. Notice
112. 5:10that we are doing preparatory work.
113. 5:14This reduces errors and allows the
114. 5:16interested party to better understand
115. 5:18what they are requesting. So, remember
116. 5:21our sequence. Identify, search, and
117. 5:24classify. Only after these checks does
118. 5:27it make sense to move on to the actual
119. 5:30application. My dear students, in this
120. 5:35lesson we learned that registering a
121. 5:36brand doesn't just start by filling out
122. 5:38a form. Before that, we need to answer
123. 5:41three questions. What will be
124. 5:44registered? Does an identical or
125. 5:46similar brand already exist? Which
126. 5:48products or services does this brand
127. 5:51intend to identify? These answers help
128. 5:54to properly prepare the application and
129. 5:57also avoid rushed advice. Remember:
130. 6:01identify, search, and classify. In the
131. 6:04next lesson, we will take another step.
132. 6:07After these checks, how to effectively
133. 6:09request the brand registration with the
134. 6:11INPI. And track the progress of the
135. 6:14application. I am Professor Joaquim
136. 6:17Comini, and I'll leave it here. See you
137. 6:19next time.