Beyond Advertising: How to Register Slogans and Taglines in Brazil (2025 Update)

For decades, Brazil’s trade mark system took a rigid position on slogans: under Article 124, item VII of the Industrial Property Law (LPI — Law No. 9.279/1996), signs or expressions used solely as a means of advertising (“sinal ou expressão empregada apenas como meio de propaganda”) could not be registered as trade marks. This provision led INPI to refuse most taglines and slogans on the basis that they served an advertising function rather than a trade mark function. That changed with a significant update to INPI’s Trademark Manual in November 2024, which adopted a materially more flexible interpretation of this prohibition.

The Traditional Position: Advertising vs. Trade Mark Function

Under the original, restrictive interpretation, INPI drew a bright line between the advertising function and the trade mark function. If an expression was perceived as recommending, highlighting, or promoting a product or service, it was classified as advertising and refused under Article 124, VII. This captured not only obvious advertising slogans (“The Best Coffee in Town”) but also creative taglines that arguably functioned as source identifiers.

The practical effect was that many Brazilian businesses and international brands were unable to register their most recognisable taglines, even where those phrases had become closely associated with a single source in the minds of consumers. This put Brazil at odds with major trade mark offices worldwide, where slogans are routinely registered as trade marks provided they function as origin identifiers.

The 2024 Manual Update: The New Interpretation

On November 27, 2024, INPI published an update to section 5.9.4 of its Trademark Manual that fundamentally shifted the interpretation of Article 124, VII. Under the new approach, the prohibition no longer falls on expressions that are used for advertising purposes. Instead, it targets signs that are incapable of being perceived as a trade mark by the consuming public because they function exclusively as advertising.

This distinction is subtle but critical. Under the old rule, any expression with a promotional function was refused. Under the new rule, an expression that has a promotional function and also functions as a trade mark — meaning consumers associate it with a particular commercial source — is eligible for registration. The test has moved from “does this promote?” to “can consumers perceive this as a brand identifier?”

What Makes a Slogan Registrable?

Under the updated guidelines, the key question is whether the slogan possesses sufficient distinctiveness to function as a trade mark in addition to any promotional role it may play. Factors that strengthen a slogan’s registrability include:

• Wordplay, metaphors, or unexpected combinations: Expressions that use creative language, puns, or metaphorical constructions are more likely to be perceived as distinctive identifiers rather than mere promotional phrases.
• Brevity and memorability: Short, punchy expressions that stick in consumers’ minds can function as source identifiers.
• Absence of direct product description: Slogans that do not directly describe the product’s characteristics or qualities are stronger candidates, as they require the consumer to make a mental leap from the phrase to the product.
• Consumer association: Evidence that consumers associate the slogan with a particular brand strengthens the case for registration.

INPI has cited the expression “Melhoral, é melhor e não faz mal” (“Melhoral, it’s better and doesn’t harm”) as an example of a slogan that simultaneously serves an advertising function and identifies a commercial source. Similarly, expressions like “I CAN’T BELIEVE IT’S YOGURT” have been recognised as registrable because they combine a promotional element with a distinctive, source-identifying quality.

What Remains Unregistrable?

Not all slogans benefit from the new interpretation. Expressions that remain likely to be refused include:

• Purely laudatory phrases: Generic expressions of quality or superiority (“The Best,” “Number One,” “Superior Quality”) that any competitor might use.
• Direct product descriptions disguised as slogans: Phrases that merely restate the product’s characteristics in a promotional tone.
• Common advertising formulas: Expressions that follow standard promotional patterns and lack any distinctive character.

The Relationship with Acquired Distinctiveness

INPI’s updated Manual acknowledges a connection between the slogan debate and the broader acquired distinctiveness discussion. In an October 2024 meeting with users, INPI flagged the need for dialogue between these two areas. The formal acquired distinctiveness framework introduced by Portaria INPI/PR nº 15/2025 (effective November 28, 2025) now provides a structured pathway for slogans that may not be inherently distinctive but have acquired distinctiveness through extensive use.

This means that even a slogan refused on initial examination could potentially be registered if the applicant can demonstrate, through consumer surveys, sales data, and advertising evidence, that the phrase has become a recognised identifier of their brand among Brazilian consumers.

The STJ Precedent: “Harmonia na Pele”

The courts have also contributed to the evolving landscape. In REsp 2.105.557/RJ, the Third Chamber of Brazil’s Superior Court of Justice (STJ) ruled that the expression “Harmonia na Pele” (“Skin Harmony”), while possessing an advertising character, was registrable as part of the composite mark “Theraskin Harmonia na Pele” because the combination with figurative and nominative elements conferred the degree of distinctiveness required for registration. This ruling aligns with INPI’s updated interpretation and provides additional legal support for slogan registrations.

Strategic Recommendations

• Evaluate distinctiveness first: Before filing, assess whether the slogan has characteristics — wordplay, metaphor, brevity, memorability — that go beyond mere promotional messaging.
• Consider a composite filing: If the slogan alone may be borderline, filing it as a composite mark with a distinctive logo or brand name can strengthen the application, following the “Harmonia na Pele” approach.
• Build evidence of consumer association: If the slogan has been used extensively in Brazil, compile evidence that consumers associate the phrase with your brand. This can support both the initial examination and an acquired distinctiveness claim.
• Avoid purely laudatory language: Rephrase generic praise into creative expressions. Instead of “The Best Coffee,” consider a metaphorical or playful construction that conveys quality without being directly descriptive.
• Monitor INPI’s evolving practice: The 2024 update is recent, and examiner practice may take time to stabilise. Track published decisions to understand how individual examiners are applying the new guidelines.

Common Mistakes

• Assuming all slogans are now registrable: The new interpretation is more flexible, not permissive. Purely laudatory and directly descriptive slogans will still be refused.
• Filing as a word mark when a composite would be stronger: A slogan that is borderline distinctive may succeed as a composite mark but fail as a word mark.
• Ignoring the promotional overlap: Even under the new rules, examiners will assess whether the expression is exclusively advertising. If it lacks any distinctive quality, it will still be refused.
• Neglecting to document use: For slogans that rely on consumer association, failing to maintain evidence of extensive use in Brazil undermines both the registration case and any acquired distinctiveness argument.

Key Takeaway

The 2024 update to INPI’s Trademark Manual marks a significant shift in Brazil’s treatment of slogans and taglines. The prohibition under Article 124, VII now targets only expressions that function exclusively as advertising and cannot be perceived as trade marks. Slogans that combine a promotional quality with a distinctive, source-identifying character are now registrable — a development that brings Brazil into closer alignment with international practice. For brands seeking to protect their taglines, the strategic priorities are clear: invest in creative, distinctive language, consider composite filings, and build evidence of consumer association to support the application.