Trademarks and their owners

Influencers Nath Finanças and Nathalia Arcuri stirred up social media with a debate about trademark registration. Learn more about what this is below
28 de março de 2024 em TINO In English

On one side Nathalia Rodrigues, known as Nath Finanças, and her thousands of followers. On the other, Nathalia Arcuri, her brand Me Poupe! and her millions of fans. Between the two, a name in common and the dispute over trademark registrations with the word “Nath”.

Both are finance influencers: Arcuri started with Me Poupe! in 2015; Rodrigues began her journey in 2019. But, for the public, the two stories crossed in January 2024.

After expanding the registration of the Nath Play brand, a streaming platform founded in 2022 by Nath Finanças, with the National Institute of Industrial Property (Inpi), Rodrigues was notified of a contestation made by Arcuri. The owner of Nath Finanças took the case to social media and stirred the internet with the discussion. 

After the exchange of many comments from fans, Arcuri explained that she owns 110 trademarks related to her company and that challenges like this one, made by the Me Poupe! team, are common. She also announced that she had withdrawn her opposition to the registration. “Regardless of the withdrawal, Inpi assesses, on its own, whether the trademark conflicts with one trademark or another — and can refuse it”, says Clarissa Jaegger, an intellectual property lawyer.

What is the registration of a trademark? 

Registering a trademark is a right granted by Inpi that guarantees the person who registers it the exclusive use of the trademark for that product or service. With it, third parties are prevented from copying the brand or using it without authorization. On the other hand, the holder must keep it in use and renew the registration every ten years. Otherwise they may lose their registration.

How to register a brand?

Registration can be carried out online by any person or company, using an electronic form available on the Inpi website. There, the holder must provide the trademark data and can request the registration in one of the 45 activity classifications. Finally, the holder must send the necessary documentation.

“It is advisable to start with a prior research, in which you understand whether there are other similar registrations and try to anticipate a possible problem”, says Clarissa. The process takes, on average, one year from application to registration. However, it can be extended in the case of oppositions and disagreements.

How to follow-up?

On a weekly basis, Inpi publishes an electronic magazine with the registrations, updates, oppositions and approvals of trademarks. To accompany the process, it is necessary to access all the editions. Currently, there are software and companies that carry out this search for the users and clients.  

And what about objections?

An opposition, or objection, can be made by anyone. If a holder encounters a conflict, that is, an application for registration of a similar trademark in the same segment as theirs, it is possible to file an opposition within 60 days. It is worth remembering that, even when there are no disputes, Inpi analyzes possible conflicts and bars new registrations when necessary.

Source: Inpi.

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