Trademark Registration in Brazil: A Step-by-Step Guide

Brazil’s trademark system is first-to-file. That means whoever submits the application first owns the mark, regardless of who created the trademark, who used it first, or how well-known it is in other countries. For foreign companies entering Brazil, this creates a real risk: a competitor, a local distributor, or even a trademark squatter can file before you and claim rights to your own name.

Understanding how trademark registration works in Brazil is not optional — it is the foundation of any serious market entry strategy. This guide explains the full process, from filing to registration, including timelines, fees, oppositions, and what happens when things go wrong.

How Brazil’s Trademark System Works

Trademark rights in Brazil are governed by the Industrial Property Law (Law No. 9,279/1996) and administered by INPI — the Instituto Nacional da Propriedade Industrial, Brazil’s trademark and patent office. INPI is responsible for receiving applications, conducting examinations, and granting registrations.

Brazil does not require prior use of a mark to file or maintain a registration. However, if a trademark is not used in Brazil within five years of registration, it can be subject to a cancellation action on grounds of non-use. This means that simply holding a registration without commercial activity carries risk over the long term.

Brazil is a member of the Paris Convention and the Madrid Protocol, which means foreign trademark holders have certain priority rights and can designate Brazil in an international application. However, even Madrid Protocol applications are examined under Brazilian law and subject to the same opposition and examination procedures as direct national filings.

Step 1 — Trademark Search (Before You File)

Before filing, conducting a clearance search in INPI’s database is strongly recommended. Brazil uses the Nice Classification system, and your mark will be examined against existing registrations and applications in the same class. A search helps identify potential conflicts early and allows you to adjust your filing strategy before investing in a full application.

INPI’s online database (Busca de Marcas) is publicly accessible. However, interpreting search results requires knowledge of Brazilian examination criteria, what INPI considers confusingly similar is not always the same as what other jurisdictions would flag. Working with local counsel at this stage reduces the risk of a costly rejection later.

Step 2 — Filing the Application

Applications are filed electronically through INPI’s online portal. Foreign applicants without a Brazilian address are required to appoint a local attorney or agent with a power of attorney to represent them before INPI. The power of attorney does not need to be notarized or legalized, a simple signed document is sufficient.

Each application must include:

• The trademark (word, logo, or combination)

• The Nice class(es) being applied for

• A specification of goods or services

• The applicant’s details (name, address, nationality)

• Payment of the official filing fee

Brazil requires a separate application for each Nice class. Filing in multiple classes means multiple applications and multiple fees.

Step 3 — Publication and the Opposition Period

Once filed, INPI performs a formal review to confirm the application is complete. If accepted for publication, the application is published in INPI’s Official Gazette (Revista da Propriedade Industrial). From the date of publication, third parties have 60 days to file an opposition.

An opposition is a formal challenge filed by a third party who believes the applied-for mark conflicts with their own registered or pending trademark, or violates another provision of the Industrial Property Law. Oppositions are common in Brazil, particularly in competitive sectors like retail, technology, food and beverages, and fashion.

If an opposition is filed, the applicant has 60 days to submit a formal response. Failing to respond does not automatically result in rejection, but INPI will consider the opposition arguments during examination. A well-prepared response addressing the grounds of opposition can be decisive.

Foreign trademark holders should monitor INPI publications regularly, as the opposition window is strict and there are no extensions. Missing the 60-day period means losing the right to oppose, even if the conflicting mark directly infringes your brand. For a detailed breakdown of how oppositions work and how to respond, see our guide: Trademark Oppositions in Brazil: What Foreign Applicants Need to Know.

Step 4 — Substantive Examination by INPI

After the opposition period closes, INPI conducts a substantive examination of the application. Examiners assess whether the mark meets registrability requirements under the Industrial Property Law, including distinctiveness, non-descriptiveness, and absence of conflicts with prior registered marks.

INPI considers both absolute grounds (marks that are inherently unregistrable, such as generic or descriptive terms) and relative grounds (conflicts with existing marks in the same or related classes). The examination also takes into account any opposition filed and the applicant’s response.

There is no formal hearing or interview stage before INPI during examination. The decision is made based on the written record. If INPI issues a provisional refusal, the applicant may have an opportunity to submit arguments — but procedural options at this stage are limited compared to other jurisdictions.

Step 5 — Approval and Registration Certificate

If the application is approved, INPI publishes the decision in the Official Gazette and the certifate is issued.

The trademark is protected from the original filing date and is valid for 10 years, renewable indefinitely for successive 10-year periods upon payment of renewal fees.

What Happens If Your Application Is Rejected

If INPI rejects the application the applicant has 60 days from the date of publication of the refusal to file an administrative appeal. The appeal is reviewed by a different INPI examiner or by the Appeal Board (Câmara de Recursos da Propriedade Intelectual — CRPI).

The appeal should present legal and factual arguments against the grounds for refusal. If the appeal is successful, the mark proceeds to registration. If it is dismissed, the applicant may challenge the decision judicially by filing a lawsuit against INPI in the Federal Courts.

Post-Registration Challenges: Nullity Actions

Even after registration, a trademark can be challenged. Under Brazilian law, any interested party may file an administrative nullity action (ação de nulidade administrativa) with INPI within 180 days of the registration being granted, alleging the mark should not have been registered.

After this 180-day window, nullity can only be pursued judicially.

How Long Does Trademark Registration Take in Brazil?

The total timeline for trademark registration in Brazil varies significantly depending on whether an opposition is filed. In straightforward cases with no opposition and no examination issues, the process typically takes between 10 and 18 months from filing to registration. Contested applications — those with oppositions, provisional refusals, or appeals — can take considerably longer.

A general breakdown of the standard timeline:

• Filing to publication: around 1 month

• Opposition period: 60 days from publication

• Examination after opposition period: 6 to 18 months

• Certificate issuance after approval: 60 days to pay fee

INPI has been working to reduce examination backlogs in recent years, and current examination times have improved compared to historical averages. However, the process remains slower than many other jurisdictions, which is why filing as early as possible is essential.

Filing in Brazil Through the Madrid Protocol

Brazil joined the Madrid Protocol in 2019, giving foreign trademark holders a more streamlined path to filing in Brazil as part of an international application. Through WIPO’s Madrid System, applicants can designate Brazil in their international registration and avoid the need to file a separate national application directly with INPI.

However, Madrid Protocol designations in Brazil are subject to the same examination criteria as direct filings. INPI has 18 months to issue a provisional refusal. If refused, the applicant must respond through a local attorney. The Madrid route can simplify administration for companies managing multi-country trademark portfolios, but it does not bypass Brazilian substantive requirements.

Protect Your Trademark Before Someone Else Does

The first-to-file principle means that waiting is always a risk. Whether you are launching in Brazil for the first time or managing an existing IP portfolio, early registration is the most effective way to protect your brand in the Brazilian market.

Reis Araujo advises foreign companies and international IP firms on trademark registration strategy, opposition proceedings, and enforcement in Brazil. If you have questions about your trademark position in Brazil, contact us at contato@reisaraujo.com.br.