Trademark search and registration
Prior-art search, choice of classes and word, figurative or combined presentation. Registering in the wrong class does not protect the real product.
Technology · intellectual property
Trademarks and software: INPI registration, ownership of code and defense against misuse
The trademark and the code are the core assets of a technology company. Without registration and assignment contracts, a company may discover too late that it does not own what it sells.
Straight answer: who owns the software and how the trademark is protected
Software belongs, as a rule, to whoever developed it. If it was created by an employee hired for that purpose, it belongs to the employer; if it was created by a freelancer, by a partner before the company was formed or by a third-party company, a written assignment contract is needed for ownership to pass to the company. INPI registration is optional for software but proves date and ownership. A trademark, by contrast, is only protected through INPI registration in the class matching the product or service, and the process includes a prior search, filing, publication, an opposition period and examination, usually taking more than a year.
This page is for startups, SaaS companies, agencies and companies in Brazil that develop or license software and use their own trademark in digital products. We serve companies throughout the State of São Paulo, Brazil, with meetings at our Paulista or Tatuapé offices or by video call, and act before the São Paulo courts (TJSP), the labor courts (TRT-2, TRT-15), the federal court (TRF-3) and administrative bodies.
Fronts of trademark and software protection
Oppositions and conflicts
Responding to third-party oppositions and filing oppositions against similar applications. Technology trademarks frequently collide in classes 9, 35 and 42.
Assignment of developers' rights
Assignment clauses in employment, service and shareholders' agreements, covering code, documentation and improvements.
Software registration
INPI filing with a digital hash summary of the code, useful as proof of date and ownership in disputes and investment due diligence.
Licenses and open source
Licensing software to customers and using open-source components, whose licenses may impose obligations on the product.
Misuse and competition
Cease-and-desist notices, injunctions and damages against use of the trademark, copying of software or diversion of customers.
Where companies lose assets
Using the trademark without registering
Prior use gives a limited right of precedence. Whoever registers first tends to prevail, and the company may be forced to change its name.
Code written by a partner before the company existed
A founder who wrote the product before forming the company remains its owner until signing an assignment. Investors require that document.
Copyleft components
Libraries under licenses such as the GPL may require opening the product's code. The component inventory is part of due diligence.
How the work is organized
1. Ownership audit
Checking who holds the trademark and the code, and the existing contracts.
2. Registrations and contracts
INPI filings, assignments and licenses needed to consolidate the assets in the company.
3. Defense of assets
Monitoring, oppositions, notices and actions against misuse.
Run the prior-art search before investing in visual identity and domain. Changing a trademark after launch costs far more than registration.
Frequently asked questions about trademarks and software
Does registering the domain protect the trademark?
No. Domain and trademark are independent registrations. Owning the domain does not stop a third party from registering the trademark at the INPI and later challenging its use.
Can a freelancer who developed part of the system claim rights?
Yes, if there is no assignment contract. The company must formalize the assignment of all code developed by third parties, preferably before delivery.
How long does trademark registration take at the INPI?
Between filing and grant, the period usually exceeds a year, depending on oppositions and office actions. Protection is retroactive to the filing date once granted.
Official references and related pages
Brazilian rules of reference for intellectual property in technology. INPI guidelines complete the registration procedure.
Need to register a trademark or consolidate ownership of software?
Send the trademark in use and the developer contracts through the secure channel. The screening identifies conflict risks and the registrations needed.