Trademarks in Brazil

Competent Authority

The national authority responsible for the administration of trademarks and industrial property in Brazil is the National Institute of Industrial Property (Instituto Nacional da Propriedade Industrial - INPI). The trademark system is national. The official website is operated under the Brazilian federal government portal (`gov.br/inpi`), and the official working language for all proceedings, filings, and documentation is Portuguese.

International Treaties

Brazil is a member of the Paris Convention for the Protection of Industrial Property and the Madrid Protocol (having acceded to the Madrid System). Consequently, international trademark registrations via the Madrid route can designate Brazil. Direct national filings can also be processed independently through INPI.

Who May Apply & Representation

Any natural or legal person, domestic or foreign, can apply for a trademark registration. Foreign applicants or entities not domiciled in Brazil must be represented by a qualified, locally domiciled representative or authorized agent registered with INPI. Representation requires a Power of Attorney (POA), which must comply with local administrative formatting and signature rules.

Online Filing & Search Databases

All trademark applications must be submitted electronically through INPI’s online digital system (e-Marcas). Public availability searches to check prior conflicting rights can be conducted free of charge using the official online database hosted on the INPI portal.

Protectable Trademark Types

Under the Brazilian Industrial Property Law (Law No. 9,279/1996), protectable signs include words, names, figurative signs, mixed marks, and three-dimensional shapes. Transliteration or translation into Portuguese may be requested by examiners for terms or expressions written in foreign languages or scripts.

Classification System

Brazil utilizes the Nice Classification system for goods and services. Multi-class applications are not permitted; a separate, individual application must be filed for each distinct Nice class.

Examination Procedure

The INPI examines applications for formal compliance, absolute grounds for refusal (such as distinctiveness and generic terms), and relative grounds (conflicts with prior registered marks or pending applications). If an examiner issues an office action, a formal response deadline applies.

Publication & Opposition

Once an application passes initial formal review, it is published in the official Industrial Property Journal (Revista da Propriedade Industrial - RPI). Any third party with a legitimate interest may file an administrative opposition within 60 days from the publication date.

Timelines

For a straightforward application that encounters no official office actions or third-party oppositions, the average timeframe from initial filing to the final decision and grant of registration typically ranges between 12 to 18 months.

Duration & Renewal

A trademark registration in Brazil is valid for 10 years, counted from the filing date. Registrations can be renewed indefinitely for successive 10-year periods. A grace period applies for late renewal requests subject to extra surcharges.

Use Requirements & System Type

Brazil operates under a first-to-file priority system. However, trademark rights are subject to statutory use requirements: a registration is vulnerable to administrative forfeiture or cancellation for non-use if the mark has not been genuinely used in commerce in Brazil for a continuous period of 5 years following registration.

Post-Registration Procedures

Recorded changes concerning the owner's name, corporate address, assignments (ownership transfers), and licensing agreements must be submitted to INPI. Recording assignments and licenses is required to ensure full legal validity and enforceability against third parties.

Legal Remedies & Enforcement

Cancellation actions, administrative invalidity declarations, and infringement litigation are handled through specialized federal courts. Civil and criminal judicial measures are available for counterfeiting and piracy, alongside border enforcement protocols managed via customs authorities.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.