Tricks on trademark opposition process in Brazil

During my career as a trademark attorney in Brazil, I have received several questions regarding the trademark opposition process in Brazil, mainly because there are differences compared to other jurisdictions, such as those in the European Union.

In Brazil, the opposition occurs at the beginning of the application process, before any examination by the Brazilian Trademark and Patent Office (INPI). After filing the trademark, the application will be published for oppositions, and third parties have 60 days to oppose.

After that, the owner can file a response, and the INPI starts the examination. This is the biggest difference compared to other countries. The examiner analyzes the absolute grounds for granting or rejecting a trademark at the same point as the examination of the opposition. It means that the examiner will issue only one decision.

After that, if the trademark is granted, there is no appeal against the opposition. However, it is possible to challenge the granting of the trademark by filing an administrative nullity. Therefore, the opposing party has two opportunities to challenge a trademark application.

It is also important to point out that, in Brazil, trademark registration is a public interest issue because it aims to protect the consumer. Therefore, it can occur that a company files an opposition, and INPI understands that both trademarks are not similar but can point to a third-party trademark as a reason for rejection.

Understanding the nuances of the trademark opposition process in Brazil is crucial for effectively protecting intellectual property. The dual opportunity to challenge an application, combined with the INPI's thorough examination process, underscores the importance of diligent monitoring and timely responses. Companies should be aware of the specific procedural steps and the broader public interest considerations that may impact trademark registration outcomes.