Trademark: when to register, where, and how much it costs to protect the name you’re scaling

Lucas Ferraz · 2026-10-07

Inpi, euipo, uspto

If you operate in Brazil, trademarks are registered with the National Institute of Industrial Property (INPI). In Europe, the responsible office is the European Union Intellectual Property Office (EUIPO), and in the United States, the trademark must be registered with the United States Patent and Trademark Office (USPTO). Each of these offices has its own specific processes and requirements.

Product class

It’s essential to identify the product class your brand falls under. The classification system used is the Nice Classification, which divides products and services into 45 classes. You should register your trademark in the class that best represents your business. For example, if you sell clothing, you should register in Class 25. If you operate in the cosmetics industry, Class 3 is the right one. Each class requires a separate registration, which can increase costs.

Cost and timeline

The cost of registering a trademark with INPI is around R$ 355,00 for the first application, but this can vary depending on the class and type of registration (individual or collective). For EUIPO, the initial cost starts at around € 850,00. For USPTO, fees range from US$ 250,00 to US$ 350,00 per class. The time it takes to grant a registration can range from 6 months to 2 years, depending on the office and the complexity of the application.

What to do when someone copies you

If you find that another company is using your brand, the first step is to gather evidence of your brand’s use. Then, you can send the infringer a formal cease-and-desist notice, requesting that they stop using it. If you can’t reach an agreement, you may need to file a lawsuit to protect your rights. It’s important to keep records of all communications and evidence.

Generic vs. distinctive names

It’s crucial to understand the difference between generic and distinctive names. Generic names, such as “Beer” for a beer brand, can’t be registered because they don’t identify a specific source. Distinctive names, like “Skol” or “Heineken,” are unique and can be registered. Avoid names that are common or descriptive, since they make it harder to protect your brand.

Protecting your brand is a key step to scaling your business safely. Have you registered your brand? If so, in how many classes?