Trademark Oppositions in Brazil: What Foreign Applicants Need to Know
Brazil gives you only 60 days to oppose a trademark. Miss it and you lose the right. Learn how the opposition process works and what foreign companies must do to protect their brands.
Laila dos Reis Araujo
11/21/20253 min read
Registering a trademark in Brazil involves steps that may differ significantly from the procedures in the U.S., Europe, and other jurisdictions. One of the most important differences is when trademark oppositions occur.
In Brazil, oppositions happen at the very beginning of the process, shortly after your application is formally filed and published by the Brazilian Patent and Trademark Office (INPI). Understanding this timing and knowing how to respond is essential to protect your brand in the Brazilian market.
How Oppositions Work in Brazil
After the trademark application is filed, INPI performs a formal examination. Once approved, the application is immediately published for opposition in the Official Gazette.
From the publication date, any third party has 60 days to file an opposition, arguing that your trademark conflicts with prior rights or could cause consumer confusion.
This stage happens before the substantive examination by INPI, which is different from several jurisdictions where oppositions occur only after the office has granted or preliminarily accepted the trademark.
Why This Timing Matters
For foreign applicants, the early opposition phase in Brazil has two major implications:. You must monitor your application from day one. Like mentioned the opposition appears at beginning of the process, right after filing the trademark. This is the only moment to record your arguments a defend the registration.
Once an opposition is filed, the owner has 60 days to submit a response (counterstatement). This response becomes part of the official record and will be considered by INPI during the substantive analysis. A well-substantiated response can significantly strengthen the chances of approval.
How to Respond to an Opposition
A strong response typically includes:
arguments demonstrating the distinctiveness between the marks;
clarification about goods/services differences;
legal arguments under the Brazilian IP Law (Law 9.279/96);
evidence of legitimate use or brand positioning, if relevant.
Failing to respond means INPI will evaluate only the opponent’s arguments, which can jeopardize the registration.
What Happens Next?
After the opposition and your response are submitted, the process moves to substantive examination. INPI will then issue a decision:
✔️ Approval: The trademark is accepted, and granted for 10 years.
❌ Rejection: If rejected, you still have the right to file an administrative appeal within 60 days.
The Brazilian trademark system is unique in placing the opposition period at the very start of the process.
For foreign companies entering Brazil, monitoring deadlines and preparing a strategic opposition response is essential to secure trademark protection.
Frequently Asked Questions
How long do I have to respond to a trademark opposition in Brazil?
Once an opposition is filed, the applicant has 60 days to submit a counterstatement. This deadline is not extendable, and missing it means INPI will decide based only on the opponent's arguments.
What happens if I don't respond to a trademark opposition in Brazil?
INPI will examine the case using only the opposing party's evidence. This significantly reduces the chances of approval and can result in refusal of the application.
Can a foreign company file and defend a trademark application in Brazil without a local attorney?
No. Foreign applicants without a domicile in Brazil must be represented by a locally qualified attorney throughout the entire process, including filing, monitoring, and responding to any opposition.
Is the opposition period the same for all types of trademarks in Brazil?
Yes. The 60-day window applies uniformly to word marks, figurative marks, and mixed marks, regardless of the applicant's country of origin.
If you are about to file a trademark in Brazil
Missing the opposition window is one of the most common ways foreign applicants lose trademark protection in Brazil, often simply because no one was monitoring the Official Gazette on their behalf. We handle filing, monitoring, and deadline management for international clients from day one. You find more information about the application here
Talk to our team about protecting your brand in Brazil → Contact us.
If your trademark has already been opposed
The 60-day counterstatement deadline is strict, and the strength of your response directly affects the outcome of the examination. If your trademark has received an opposition in Brazil, talk to our team to evaluate your case and define the best response strategy before the deadline runs out.
Talk to our team about your opposition case
For international IP firms
We regularly act as local counsel in Brazil for IP firms abroad, handling filing, opposition response, and enforcement on behalf of their clients while keeping the firm of record informed throughout the process.
Discuss a co-counsel arrangement for your clients in Brazil.
