High Renown Trademarks in Brazil: What Foreign Companies Need to Know
Brazil's high renown trademark status protects a mark across every industry, not just its own. Learn how it works, what INPI requires as proof, and why it matters before you enter the Brazilian market.
8/6/20265 min read
Your trademark search in Brazil comes back clean. No identical or confusingly similar mark exists in your class. Your legal team clears the filing and you move forward with market entry. Then, months later, you learn that a completely unrelated Brazilian company has been using a similar name for years, in a different industry, and that this does not matter, because that company's mark holds a status your clearance search was never built to catch: alto renome, or high renown.
This is the scenario that catches foreign companies and their outside counsel off guard, because it breaks a rule most trademark systems train lawyers to rely on: the specialty principle. Under ordinary Brazilian trademark law, protection is limited to the class in which a mark is registered. A company selling software has no claim against a company using a similar name to sell furniture. High renown status suspends that rule entirely for the mark that holds it.
What high renown status actually does
Article 125 of Brazil's Industrial Property Law (Law 9.279/1996) allows a registered trademark to receive special protection in every class of goods and services, not only the one where it was originally registered. Once granted, the mark's owner can block third parties from using a similar sign in any industry, even one with no commercial relationship to the original business.
This status recently drew attention in Brazil when Pix, the country's instant payment system, was recognized as a high renown mark. The case is a useful illustration of the mechanism, not because payment systems are relevant to most foreign entrants, but because it shows that once a mark clears this bar, its owner can act against uses far outside its original market. For a foreign brand doing a freedom-to-operate analysis before entering Brazil, or trying to stop a local company from trading on its name in an unrelated sector, this is the tool that makes that possible.
High renown is not automatic for globally famous brands
Foreign companies frequently assume that a brand well known internationally already carries expanded protection in Brazil. It does not. High renown recognition must be requested and granted by INPI, Brazil's trademark office, and it applies only to marks already registered in Brazil. Global fame is not the test. INPI evaluates recognition among the Brazilian public specifically.
This is where the status is often confused with a separate protection: the notoriously known trademark under Article 126 of the same law, which implements Article 6bis of the Paris Convention. A notoriously known mark is protected in Brazil even without a Brazilian registration, but only within its own business segment. A globally recognized fashion brand, for example, could rely on Article 126 to stop a competitor from using a similar mark for clothing, without holding a Brazilian registration at all. It could not use that same protection to stop use of the name in an unrelated industry such as construction or agriculture. Only high renown status reaches that far, and it requires an existing Brazilian registration as its foundation.
For counsel advising a foreign client, the distinction determines strategy. If the goal is to block a copycat in the same industry and there is no Brazilian registration yet, Article 126 may offer a faster path. If the goal is comprehensive protection across all industries, including ones the company has no current presence in, high renown is the only route, and it takes longer, costs more, and requires substantially more evidence.
What INPI requires as proof
INPI tightened its evidentiary standards for high renown recognition through Portaria INPI/PR nº 25/2025, which set objective benchmarks that had previously been decided case by case. A market recognition survey is now central to the process. INPI expects a minimum sample of 2,000 respondents, drawn from all five regions of Brazil across both capital and non-capital areas, conducted no more than two years before the request is filed.
The recognition threshold matters as much as the sample design. A result of 61% or higher, after subtracting the margin of error, is treated as reflecting broad recognition among the Brazilian public. Between 61% and 71%, INPI expects the survey to be backed by a robust additional evidentiary package. Above 71%, the survey tends to be sufficient on this specific point, though this does not guarantee the request will be granted. INPI still separately evaluates reputation, quality, prestige, distinctiveness, and the exclusivity of the sign as part of the overall decision.
A more recent change, Portaria INPI/PR nº 68/2026, adjusted a procedural detail that matters for companies with a broader brand portfolio. A high renown request must still relate to a single sign, but that sign can now be supported by more than one underlying registration, rather than being tied to just one. For companies that have registered variations of a mark, such as a wordmark and a stylized logo version, this changes how the evidentiary case can be assembled.
What this means before you file
For a foreign company evaluating brand protection in Brazil, the practical takeaway is not that every company should pursue high renown status. The evidentiary bar is high and the process is not fast. The more immediate relevance is on the defensive side: a standard trademark clearance search checking only your intended class will not reveal a conflicting mark that holds, or could plausibly obtain, high renown protection. Where a client has a name with any degree of resemblance to an established Brazilian brand, even in an unrelated sector, that risk needs its own line of inquiry before filing, not after.
For companies with a globally strong brand preparing a multi-year Brazil strategy, high renown status is worth discussing early, particularly if brand dilution or unauthorized use in unrelated sectors is a realistic concern based on experience in other markets.
Registering a Trademark in Brazil, What Every International Business Should Know
Trademark Squatting in Brazil, Risks and How to Avoid It
FAQ
What is the difference between a high renown trademark and a notoriously known trademark in Brazil?
A notoriously known trademark (Article 126) is protected in Brazil without a local registration, but only within its own business segment. A high renown trademark (Article 125) requires an existing Brazilian registration and, once granted, is protected across every class of goods and services.
Does a globally famous brand automatically get high renown protection in Brazil?
No. High renown status must be requested from INPI and is based on recognition among the Brazilian public, not international reputation. A brand can be famous worldwide and still need to build a Brazil-specific evidentiary case.
How long does high renown recognition take to obtain?
The process requires a market recognition survey meeting INPI's current evidentiary standards, along with supporting evidence of reputation and distinctiveness. Timelines vary by case, and the evidentiary preparation itself typically takes longer than the trademark registration process on its own.
Can a company request high renown status based on more than one trademark registration?
As of rule INPI/PR nº 68/2026, yes. The request must still relate to a single sign, but that sign can now be supported by multiple underlying registrations rather than just one.
Next step
If your company or your client holds a brand with a meaningful footprint in Brazil, or is planning market entry and wants a clearance search that accounts for high renown risk, our team can walk through what applies to your specific case. Contact Reis Araujo Advogados to discuss your trademark strategy in Brazil.
