Carlos Antonio Neves & Vidal

Brazilian PTO wins case against misuse of its Name and Logo in Brazil 

Brazil’s National Institute of Industrial Property (INPI) secured a favorable ruling in federal court against company LRC da Silva Serviços Administrativos Ltda., operator of website “portalinpi.com.br“, for the unauthorized use of INPI’s name, acronym, and logo. 

The misuse of official symbols constitutes a violation of Article 18 of the Brazilian Civil Code and Articles 124 and 191 of the Brazilian Industrial Property Law (Law No. 9,279/1996), as it can mislead consumers, damage INPI’s institutional image, and distort the proper provision of public services. 

 The Federal Court of Campinas confirmed a prior injunction requiring the company to cease using INPI’s brand in any communication or advertising. The court also ordered the payment of BRL 20,000 in moral damages.  The court emphasized that moral damages in cases of unauthorized use of institutional names or logos are presumed, with no need to prove real financial damages. 

In a news release published on INPI’s portal on September 18, 2025, the IP Office reinforced that it has no relationship with private companies offering intermediary services for trademark or patent registration, and that all official communications occur solely through its institutional channels. This decision highlights the legal protection afforded to official marks in Brazil and reinforces the risks of misusing government symbols in commercial contexts.