Registering a Trademark in Brazil: What Every International Business Should Know

As Brazil continues to attract global companies seeking to expand into Latin America, protecting intellectual property, especially trademarks, has become a top priority. Registering your brand in Brazil is not only a legal requirement but also a key strategic move to secure your company’s reputation, prevent counterfeiting, and ensure smooth market entry.

In this article, we explain how the Brazilian trademark system works, the options available for foreign companies, and the best practices to protect your trademark in Brazil.

1. The Brazilian Trademark System: Key Principles

Brazil adopts a first-to-file system, meaning that the exclusive rights to a trademark are granted to the first entity to file an application — not necessarily to the first one to use it in commerce. There are few exceptions at the Brazilian law and well-known trademarks have special protection as Brazil is part of Paris Convention.

However as the main rule is based on first-to-file is important to register the trademark before entering the market. Trademark registration in Brazil is managed by the National Institute of Industrial Property (INPI). Once approved, a registration is valid for 10 years, renewable indefinitely.

After the trademark is filed, it is published to oppositions and if no company opposes a substantive examination process starts. The examination includes a detailed review of prior rights and potential conflicts. While this ensures stronger protection, it can also make the process more complex and time-consuming without proper guidance.

2. How Foreign Companies Can Register Trademarks in Brazil

Foreign applicants have two main routes to register their marks in Brazil:

a) Direct filing with the INPI

Foreign companies may file directly through a local representative or legal counsel in Brazil. This route is often recommended for companies that want closer control and direct communication with the INPI. Also is usually recommended for those that do not want the Brazilian application connected to other applications.

b) Filing through the Madrid Protocol

Since 2019, Brazil has been a member of the Madrid Protocol, allowing companies to extend an existing international trademark registration to Brazil. This can be a convenient solution for multinational groups that already manage global portfolios through the World Intellectual Property Organization (WIPO).

However, even under the Madrid System, local expertise remains essential. The INPI may issue office actions or oppositions in Portuguese, and deadlines for responses are strict. Partnering with a Brazilian law firm ensures full compliance and proper follow-up during the examination phase.

Moreover, WIPO does not notify the owners about the oppositions filed against the application and the Brazilian law has a disposition stating that local attorney is mandatory in Brazilian files.

3. Common Challenges and Risks

Despite an evolving legal framework, companies still face some common hurdles when registering trademarks in Brazil:

• Similarity conflicts: The INPI may reject applications that resemble existing marks in sound, appearance, or meaning.

• Piracy and counterfeiting: Brazil has an active consumer market, which makes trademark monitoring essential.

• Delays in examination: Although the INPI has reduced its backlog, trademark examination can still take more than a year.

• Language and procedural barriers: All official documents must be in Portuguese, and procedural nuances often require local interpretation.

4. Building a Strong Trademark Strategy in Brazil

To protect your brand effectively, companies should adopt a proactive strategy that goes beyond registration:

1. Conduct a trademark search before entering the market.

2. Define the appropriate classes under the Nice Classification to ensure full coverage.

3. Register associated domain names (.br) to reinforce brand protection online.

4. Monitor the INPI Gazette (RPI) for possible conflicts or similar applications.

5. Renew registrations on time and use the mark continuously to avoid cancellation.

Such measures not only protect your legal rights but also strengthen your company’s image and investment value in Brazil.

5. How Our Firm Supports Foreign Companies

At Reis Araujo we assist international clients in protecting and enforcing their trademarks in Brazil with comprehensive legal and strategic support, including:

• Trademark registration through the INPI or via the Madrid Protocol.

• Clearance searches and risk assessments before filing.

• Representation in oppositions, nullity actions, and enforcement cases.

• Drafting of licensing and coexistence agreements.

• Full bilingual support and continuous portfolio monitoring.

6. Conclusion

Trademark protection in Brazil requires a clear understanding of the country’s legal framework and procedural nuances.
Choosing between direct filing or using the Madrid Protocol depends on each company’s global portfolio strategy. Regardless of the route, conducting preliminary searches, monitoring possible conflicts, and maintaining local legal representation are essential steps to ensure brand security and compliance.

If you have any questions about how these rules apply to your business, our team will be pleased to provide tailored legal guidance.

Contact us to learn how we can protect your brand in Brazil.