Brazil's New Trademark Fast-Track Program: What Foreign Companies and IP Firms Need to Know

On April 10, 2026, the INPI published Ordinances No. 066 and 067 of 2026 in the Official Gazette of Industrial Property (RPI No. 2,884), establishing Phase II of the Trademark Priority Examination Pilot Program. Both ordinances took effect on May 1, 2026.

Ordinance 066 defines the eligible categories — the situations in which an applicant may request accelerated examination. Ordinance 067 sets the operational framework: quotas, submission criteria, and the mechanics of how requests are processed. The full text of both ordinances is available on the INPI's trademark legislation page.

This is not the first iteration of the program. Phase I ran from August 2025 through April 2026 and operated under a different structure with tighter per-applicant limits. Phase II expands the program in scope and clarifies several procedural questions that arose during Phase I.

The Numbers That Matter

Phase II makes 3,000 priority slots available across 2026, divided into two periods: 1,500 slots from May through August, and 1,500 from September through December. There is no waitlist. When the quota for a given period is exhausted, no further requests are accepted until the next period opens. Each applicant may submit a maximum of 10 requests across the full program.

Applications that successfully enter the priority queue are examined significantly faster than the standard timeline. The INPI publishes live examination statistics for the program on its priority tracking dashboard.

Who Qualifies

The ordinances structure eligibility around 13 defined categories. The ones most relevant to foreign companies and international IP practices are the following.

Applications in trademark conflicts grounded on prior use rights. Brazil's Industrial Property Law (Law No. 9,279/1996) recognizes prior use rights under Article 129, which protects parties who were using a mark in good faith before a competing application was filed. Under the new framework, both the party claiming prior use rights and the opposing party in a conflict involving those rights may request priority examination. This means that a foreign company that has been operating under a brand in Brazil, even without registration, may be able to accelerate examination of its pending application if a third party filed first.

Applications facing active opposition proceedings. Where a trademark conflict is already in the opposition phase, both the applicant and the opponent may request that the matter be moved to the priority queue. The ordinances establish procedural alignment so that conflicting applications are examined together, avoiding the fragmentation that previously caused delays in contested cases.

Applications connected to ongoing litigation. The program creates a structured pathway for cases involving pending judicial disputes, with the exception of writs of mandamus (mandado de segurança). For international IP counsel handling matters where a trademark conflict has already escalated to federal court, this means that the administrative and judicial tracks can now be advanced in coordination.

Applications linked to patent-connected marks. Where a trademark is associated with a technology that has already been granted priority examination status at the INPI, the corresponding mark may qualify for the same accelerated treatment. This is particularly relevant for technology companies and pharmaceutical companies managing integrated IP portfolios in Brazil.

Applications required for marketplace access. The ordinances expressly contemplate situations where a trademark registration is a prerequisite for participation in digital platforms or online marketplaces. This reflects a commercial reality that has grown significantly in Brazil, as major e-commerce platforms increasingly require verified IP ownership before granting access to certain seller categories.

Madrid Protocol applications. International applications filed under the Madrid Protocol that designate Brazil are also contemplated as a scenario that may justify priority treatment under the program.

Applications supported by reciprocity agreements. Foreign applicants from jurisdictions that maintain reciprocity arrangements with Brazil may also qualify on that basis.

What This Means in Practice

For international IP firms managing trademark portfolios in Brazil, Phase II creates a concrete tool for resolving conflicts faster. The opposition system at the INPI has historically been slow: standard examination of opposed applications reached 34.4 months in 2025 and the INPI projects that figure will climb further in 2026 as filing volumes continue to exceed examination capacity. The priority program bypasses that bottleneck entirely for qualifying applications.

For foreign companies with active market presence in Brazil, whether through distribution agreements, franchise networks, e-commerce, or direct operations, the program is relevant in two directions. First, if a third party has filed a conflicting application, accelerating your own examination and opposition may now be possible. Second, if you are the party whose application faces opposition, the same mechanism may be available to you.

The prior use rights angle deserves particular attention. Many foreign brands that entered Brazil without first securing trademark registration have built up substantial commercial goodwill that constitutes a legally recognizable prior use claim under Article 129. Until now, asserting that right through the examination process meant waiting years for a decision. The priority program changes that calculus: a well-documented prior use claim can now support a request that moves the application to the front of the queue.

The Practical Constraint

The 1,500 slots available between May and August 2026 will not last the full period. Phase I data showed rapid uptake once the program opened. There is no mechanism for reserving a slot in advance or joining a waitlist — once the quota is exhausted, the next opportunity is the September window.

Requests must include the relevant form, applicable fee, and documentary evidence of eligibility. The INPI does not accept requests that simply assert eligibility without substantiating documentation. For foreign applicants, this means engaging local Brazilian IP counsel to prepare the submission promptly and correctly.

What to Do Now

If you have trademark applications pending at the INPI — whether your own filings or matters you are handling on behalf of clients with Brazilian operations — the first step is to assess whether any of the 13 eligible categories apply. The most commonly applicable situations for international practices are opposition conflicts, prior use claims, marketplace-dependent marks, and Madrid Protocol designations.

Reis Araujo Advogados advises foreign companies and international IP firms on Brazilian trademark prosecution, opposition proceedings, and enforcement strategy. If you have pending matters at the INPI and want to assess eligibility for the fast-track program, contact our team.