4. INTELLECTUAL PROPERTY
4.1. Trademarks
Signs Eligible for Trademark Registration
According to the Brazilian Industrial Property Law (Law No. 9,279/1996), visually perceptible distinctive signs used to identify the origin of certain goods or services are eligible for trademark registration.
Therefore, in Brazil, signs that can only be perceived through the senses of hearing, smell, taste, or touch cannot be protected as trademarks.
In addition, signs that fall under any of the legal prohibitions listed in Article 124 of the aforementioned law cannot be registered. These include signs contrary to morality and good customs; reproductions or imitations of distinctive elements from third-party trade names or business titles; generic, necessary, common, or merely descriptive terms for the product or service in question; advertising slogans used solely as promotional tools; and reproductions or imitations of previously registered trademarks, among others.
However, beginning November 28, 2025, when INPI Ordinance No. 15 of June 3, 2025 comes into force, the Brazilian PTO (INPI) will begin accepting trademark registrations for certain signs previously excluded under Article 124, such as generic or descriptive signs that have acquired distinctiveness through use.
Acquired distinctiveness (or secondary meaning) occurs when a sign that lacks inherent distinctiveness becomes capable of identifying the origin of goods or services due to consistent and substantial use in the market, leading the public to recognize it as a mark associated with a specific company.
Recognition of acquired distinctiveness can only be requested once per application and only at the following stages:
- When filing the trademark application;
- Within 60 days of publication of the application;
- When appealing a rejection based on lack of distinctiveness;
- When responding to an opposition grounded on lack of distinctiveness;
- When responding to a nullity action based on lack of distinctiveness.
The procedures, requirements, and evidence for requesting acquired distinctiveness are set out in Articles 84-A to 84-H and Articles 96-A and 96-B of INPI Ordinance No. 08 of January 17, 2022, as amended by Ordinance No. 15 of June 3, 2025.
Regarding the prohibition on registering expressions used solely as advertising slogans (Item VII of Article 124), INPI updated its guidelines on November 27, 2024. It now allows the registration of expressions that, although used for promotional purposes, also function as trademarks—such as “Melhoral, é melhor e não faz mal” (“Melhoral, it’s better and doesn’t harm”), cited in section 5.9.4 of the INPI Trademark Manual.
Expressions that simultaneously serve as advertising and trademark identifiers, like “I CAN’T BELIEVE IT’S YOGURT,” may also be registered.
Therefore, INPI’s interpretation of Item VII of Article 124 has become more flexible.
Types of Trademark Registrations
Trademarks in Brazil may be registered as: (i) Word marks (text only); (ii) Composite marks (word + design or stylized letters); (iii) Figurative marks (design only); (iv) Three-dimensional marks (3D shapes, such as product or packaging forms); and (v) Position marks.
Position marks were regulated in Brazil in September 2021 via INPI Ordinance No. 37/2021 and Technical Note INPI/CPAPD No. 02/2021. These were later consolidated under INPI Ordinance No. 08 of January 17, 2022, specifically in Article 84.
A position mark consists of a distinctive set capable of identifying and distinguishing goods or services, provided that: (i) the mark is applied to a specific and singular position on a support; and (ii) this placement can be dissociated from technical or functional effects.
On May 30, 2023, the first position mark registration in Brazil was granted for application No. 830621660, originally filed as a figurative mark. It protects the eyelets on the front upper part of Osklen® sneakers.
Thus, a position mark protects a distinctive element affixed to a product (support) in an uncommon or non-functional location.
Trademark Applicants
The trademark applicant, whether an individual or legal entity, Brazilian or foreign, must demonstrate that they lawfully and effectively engage in the activity for which the goods or services associated with the trademark are claimed. This condition must be declared in the application form.
Right of Priority
If a trademark has been filed in a country that has an agreement with Brazil or through an international organization, it may be entitled to a right of priority in Brazil, provided the applicable deadlines are met.
Under Article 4 of the Paris Convention, to which Brazil is a signatory, the priority period is six months for trademarks. This allows the applicant to retain the original filing date from the country of origin, with intervening events during that time not affecting the Brazilian application.
The priority claim must be made and evidenced in accordance with Article 127 and its paragraphs of the Brazilian Industrial Property Law.
Trademark Protection Scope
As a rule, trademark protection in Brazil is limited to specific classes of goods and services. Under the Principle of Specialty, identical or similar trademarks may coexist if they apply to unrelated goods or services.
However, trademarks deemed “well-known” (high renown) are granted special protection across all sectors in Brazil, as per Article 125 of the law. This article is regulated by INPI Resolution No. 107/2013, as amended by Resolution No. 172/2016, and consolidated by INPI Ordinance No. 08/2022, recently updated by Ordinance No. 25/2025.
According to Articles 64 and 65 of Ordinance No. 08/2022, to obtain high renown status, a brand owner must file a petition with the INPI demonstrating:
I. Recognition by a broad segment of the general Brazilian public; II. Quality, reputation, and prestige associated with the brand and its goods/services; III. A high degree of distinctiveness and exclusivity of the mark.
As per paragraphs 1 and 2 of Article 66 (amended by Ordinance No. 25/2025), the first two requirements should preferably be evidenced by nationwide market surveys. The standards for such surveys will be detailed in the Trademark Manual.
In addition to surveys, any legally admissible evidence may be submitted (paragraph 3).
High renown status lasts 10 years. During the final year, updated evidence may be submitted for renewal.
Well-known marks are also granted special protection, although limited to their industry sector and even if not registered in Brazil, under Article 126 of the law and Article 6 bis (I) of the Paris Convention.
Brazil adopts a “first to file” trademark system. Ownership and exclusive use rights are acquired only upon valid registration by INPI. A trademark application only creates an expectation of rights, though the filing date (including hour and minute) establishes priority.
However, Article 129, § 1 provides for “right of precedence”: anyone who, in good faith, was already using an identical or similar mark for related goods/services for at least six months prior to a third party’s filing may assert prior use.
Trademark registration in Brazil is valid for 10 years from the grant date and may be renewed indefinitely for additional 10-year periods.
The registered owner or applicant may (i) assign the trademark, (ii) license its use, and (iii) safeguard its material integrity or reputation, as per Article 130, items I, II, and III.
Expedited Trademark Examination
Starting August 7, 2025, INPI will implement an expedited trademark examination procedure for requests falling under items I and II of Article 84-I and Article 84-J of Ordinance No. 08/2022, as amended by Ordinance No. 27/2025, and Article 2 of Ordinance No. 28/2025.
Eligible applicants include: (i) Individuals aged 60 or older (ii) Applicants with serious illnesses (iii) Individuals with disabilities (iv) Companies registered under the Inova Simples framework (v) Opponents invoking prior use rights (Art. 129, § 1) (vi) Applicants needing the trademark to access public funding (vii) Applicants involved in litigation (viii) Applicants whose goods/services relate to a patent undergoing expedited examination (ix) Scientific, Technological and Innovation Institutions (ICTs) (x) INPI-mentored entities via Technical Cooperation Agreements (ACTs) (xi) Cases involving public interest or national emergencies.
Items (i) to (iv) are considered legal priorities and are exempt from fees. Items (v) to (xi) fall under strategic or public policy categories and require fee payment, subject to quota limits set by Ordinance No. 29/2025.
Requests must include a specific form, supporting documents, and, where applicable, proof of fee payment.
Use Requirement
Trademark registration does not guarantee perpetual rights. The registrant must begin using the mark within five years of the grant date. After that, the mark becomes vulnerable to a non-use cancellation action unless the owner proves use or justifies non-use.
If use ceases for five consecutive years after it has begun, the mark may also be canceled. The cancellation process may be initiated by any legitimate interested party.
According to INPI’s Technical Note No. 03/2022 (CPAPD), dated December 19, 2022, extensive proof of use is not required; minimal use suffices, based on the nature of the goods/services and market.
Use by either the trademark owner or a licensee can be submitted to avoid cancellation.
Importantly, use need not be proven for the initial five-year post-grant period. If cancellation is requested, the owner must prove use only during the period following the first five years of registration.
Therefore, it is advisable to wait at least one month after this five-year period to file a cancellation request.
In co-ownership cases, use by any one of the co-owners is sufficient to prevent cancellation.
Madrid Protocol
On October 2, 2019, Brazil joined the Madrid Protocol, which enables international trademark registration. Brazilian applicants can now file a single international application and designate member countries for protection. Likewise, foreign applicants can seek protection in Brazil under the Protocol.
INPI Resolution No. 247/2019 governs trademark registration under the Madrid Protocol.
With this accession, Brazil introduced the co-ownership and multi-class systems.
Trademark Co-ownership
INPI Resolution No. 245/2019, as amended by Resolution No. 256/2020, introduced trademark co-ownership. Since September 15, 2020, multiple owners may be listed on a single application or registration.
Multi-class System
INPI Resolution No. 248/2019, as amended by Resolution No. 257/2020, provides for multi-class applications, allowing more than one class of goods/services to be claimed in a single filing.
However, this system is not yet available for national filings, pending an INPI announcement to establish a start date, as per Article 1 of Resolution No. 257/2020.
Division of Applications and Registrations
To accommodate multi-class applications, INPI Resolution No. 244/2019, as amended by Ordinance No. 35/2021, allows for the division of trademark applications and registrations.
Effective July 1, 2021, the implementation date for online petitions relating to divided applications/registrations will be announced separately in the e-INPI system.
Trademark Licensing
A trademark license may be granted by either the registered owner or the applicant, allowing the licensee full authority to defend the trademark. To be enforceable against third parties, the license must be recorded with INPI. However, for use evidence purposes, registration of the license is not mandatory.
Criminal Enforcement of Trademark Rights
Trademark rights in Brazil are protected under both civil and criminal law. Violations are punishable by imprisonment from one month to one year, as outlined in Articles 189 and 190 of the law.
Criminal offenses include:
- Unauthorized reproduction or imitation of a registered trademark that may cause confusion;
- Alteration of a registered trademark already affixed to a product on the market;
- Importing, exporting, selling, offering for sale, hiding, or stocking (i) products bearing unlawfully reproduced or imitated trademarks; or (ii) products in containers bearing legitimate third-party trademarks.
Geographical Indications
Brazilian law also provides protection for geographical indications (GIs), which may be either Indications of Source or Appellations of Origin.
An Indication of Source refers to a geographical name known for extracting, manufacturing, or producing a specific product or service.
An Appellation of Origin refers to a geographical name known for products or services whose qualities or characteristics result from the local human or natural factors.
Authors: Ana Carolina Lee Barbosa and Marina Inês Fuzita Karakanian
Dannemann, Siemsen, Bigler & Ipanema Moreira
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