Propriedade industrial: os desafios do registro de marca para o microempreendedor individual no Brasil

Abstract

This dissertation, utilizing a mixed-methods approach—combining a review of legal and academic literature, a documentary analysis of Law 9,279/1996, data mining of 57,842 trademark applications filed with the Brazilian Patent and Trademark Office (INPI) from 2015 to 2024, and 30 semi-structured interviews with Individual Microentrepreneurs (MEIs) across all regions of Brazil—reveals a significant disconnect between the legal framework for trademark protection and the reality these entrepreneurs face. Although the 1988 Constitution guarantees preferential treatment for small enterprises (Arts. 170, IX and 179) and protects industrial property (Art. 5, XXIX), simply formalizing a business with a national taxpayer number (CNPJ) does not translate into effective access to trademark ownership, an intangible asset crucial for modern competitiveness. The INPI's registration process involves complex stages—application filing, constant monitoring of the Industrial Property Gazette, and adherence to strict deadlines—that, despite digitalization and the adoption of the Madrid Protocol, still average 2.8 years to complete. While registration confers the exclusive right of use nationwide with erga omnes (against all) effect, its absence leaves entrepreneurs vulnerable to the uncertain legal recourse against unfair competition. Empirical data indicates that a mere 8% of applications filed directly by MEIs are successful, underscoring significant barriers: financial (fees can consume up to 8% of the maximum annual revenue), procedural (a 41% error rate in applying the Nice Classification), and informational (77% confuse their business name with a registered trademark, and only 11% are familiar with the Industrial Property Gazette). These challenges are compounded by regional disparities, with the Southeast accounting for 62% of applications, while the North and Northeast regions combined represent only 15%. The study concludes that costs, complexity, and a knowledge gap undermine the constitutional efficacy of trademark rights for the very segment most in need of this protection, rendering business formalization alone insufficient for achieving productive inclusion. Consequently, the dissertation proposes public policies inspired by international models: redesigning the e-Marcas (e-Trademarks) portal using plain language and AI assistants; implementing a "knowledge voucher" system contingent on completing an online course in partnership with SEBRAE; and establishing low-cost alternative dispute resolution mechanisms, such as mediation and arbitration, to transform trademarks into tangible instruments of economic and social mobility for MEIs.