A Practical Guide to Trademark Registration in Brazil: Protecting Your Brand in Latin America
This is the second post in our global trademark registration series. We began with Australia, a jurisdiction known for its modern and flexible system. We now turn to Brazil—the largest economy in Latin America and an important jurisdiction for any brand expanding into the region. With its massive consumer market, strategic position in South American trade, and increasing integration into global IP systems, Brazil is a country where proactive trademark protection is essential.
So, if you're looking to protect your brand in Brazil, here's what you need to know.
Brazil's "First-to-File" System: A Critical Consideration
Brazil operates predominantly under a first-to-file trademark system. This means that trademark rights are generally granted to the party who is first to officially file an application with Brazil's National Institute of Industrial Property (INPI), regardless of who might have used the mark first in commerce. This makes early trademark registration in Brazil a crucial strategic imperative for brand owners.
However, it's worth noting that Brazil's Industrial Property Law (Law No. 9.279/1996) does have limited exceptions. These include the "right of precedence in registration" for good-faith prior users (Article 129, Paragraph 1), and protection for "well-known marks" under the Paris Convention (Article 6bis), even if unregistered in Brazil. While these exceptions exist, relying on them is generally more complex and riskier than securing a registration through early filing.
What Can Be Registered as a Trademark in Brazil?
Brazil's trademark regime, governed by the Brazilian Industrial Property Law, offers protection for any "visually perceptible distinctive sign." That means a trademark in Brazil can consist of:
- Words, including company names, slogans, and brand identifiers
- Visual elements such as logos and illustrations
- Shapes or packaging that have a distinctive appearance
- Colors used in a unique and recognizable manner
- Any combination of the above, so long as the sign is visually recognizable
Brazil does not allow for the registration of non-visual marks, such as sounds or scents. But the system is still robust and offers broad protection for most conventional branding elements.
What Cannot Be Registered as a Brazilian Trademark?
Despite the relatively wide scope of protectable marks, Brazil does have clear limitations. According to Article 124 of the Industrial Property Law, a trademark cannot be registered if it:
- Is merely descriptive or generic for the associated goods or services
- Is offensive, misleading, or contrary to public morals or order
- Replicates or imitates official government symbols, flags, or emblems
- Is a geographic term or common surname without acquired distinctiveness
- Conflicts with a prior trademark or a pending application
Brazil examines both absolute and relative grounds for refusal, meaning your mark must be both distinctive and non-infringing.
Multi-Class Brazilian Trademark Applications
Brazil's national trademark system does not allow for multi-class trademark applications. If you want to protect your mark across multiple classes of goods or services, you must file separate applications for each class.
There is one exception: multi-class applications are possible if you file through the Madrid System under the international registration framework. But see The Madrid System for Trademarks: Powerful, But Not Always the Right Tool.
The Brazilian Trademark Process
1. Pre-Filing Strategy
Before filing, it's important to conduct a clearance search to identify similar or potentially conflicting marks already on file with Brazil's National Institute of Industrial Property (INPI). A proper search reduces the likelihood of costly objections or oppositions.
2. Application Submission
Trademark applications are filed with INPI. You must identify the class or classes of goods and services and ideally use INPI's pre-approved descriptions for a smoother filing. Each class requires a separate filing.
3. Online vs. Physical Filing
While physical submissions are possible, online filing through INPI's electronic system is generally preferred for its efficiency and speed.
4. Power of Attorney Requirement
Foreign applicants must appoint a local attorney or agent registered with INPI and typically provide a Power of Attorney (POA) document, which may require notarization or apostille, depending on the jurisdiction.
5. Formal Examination
INPI performs an initial review of your application for completeness. If any administrative or formatting issues are found, you'll typically have five business days to correct them. If you fail to respond, the application is shelved.
6. Publication and Opposition
If your application passes the formal review, it is published in the INPI Official Gazette. This triggers a 60-day opposition period, during which third parties may file objections if they believe the mark conflicts with their rights.
7. Substantive Examination
If no opposition is filed—or after oppositions are resolved—INPI will conduct a full legal examination of the application. This review considers both the distinctiveness of the mark and the existence of any earlier conflicting rights.
8. Registration
If the application passes substantive examination, your trademark proceeds to registration, and INPI will issue a certificate of registration.
Common Brazil Trademark Filing Mistakes
Even experienced applicants can run into trouble in Brazil. Some of the most common mistakes we see include:
- Trying to file a multi-class application under the national system (which is not permitted)
- Using broad or vague descriptions of goods and services that trigger formal office actions
- Assuming the " symbol provides legal protection in Brazil (it does not)
- Using the ® symbol before registration is granted, which may result in legal penalties
- Failing to conduct a proper clearance search prior to filing
- Mischaracterizing a foreign-language mark as a standard word mark when it must be filed as a design mark
Another recurring issue is incorrect applicant information. The legal entity listed as the applicant must precisely match the entity that owns the mark. If there's a discrepancy, it can create problems during the examination or opposition stages.
Brazilian Trademark Registration Timeline
Trademark registration in Brazil is not a fast process. Even in smooth, uncontested cases, it usually takes at least 18 months from filing to registration. The timeline can be significantly longer if oppositions are filed or if the application receives a substantive office action.
If You Receive an Office Action or Opposition
Objections and oppositions are common in Brazil, but most can be resolved with the right approach.
If you receive an office action or an opposition, your options include:
- Submitting legal arguments to overcome objections (e.g., showing distinctiveness)
- Amending the goods or services to reduce potential conflicts
- Seeking a letter of consent from the owner of a cited mark
- Providing evidence of acquired distinctiveness through use in Brazil
As with most countries, early response improves your chances of success and may help expedite the review process.
Brazil Official Trademark Fees (as of 2025)
| Action | BRL | Approx. USD |
| Filing per class (pre-approved goods list) | R$1,100 | $200 |
| Renewal (every 10 years) | R$1,065 | $192 |
These fees are per class and do not include legal or attorney service fees. Applicants from certain categories (for example, individuals, small businesses) may qualify for reduced rates.
Brazil Trademark Use Requirements
Brazil does not require you to use your trademark before filing or registration. However, continued use is important for long-term protection.
- A trademark may be cancelled if it has not been used in Brazil for five continuous years following registration
- No use declaration is required at renewal
- Maintaining evidence of genuine use is important in case of a cancellation challenge or enforcement action
Registering Non-English or Non-Latin Character Marks
Brazil permits the registration of marks in non-Latin scripts, such as Chinese, Arabic, or Cyrillic. However, these marks must be filed as design marks, not word marks. You should provide:
- A Portuguese translation of the mark
- A phonetic transliteration (how it sounds when pronounced)
For example: 大熊猫 → panda gigante (meaning) and da xiong mao (transliteration)
This helps INPI assess distinctiveness and avoid confusion with existing trademarks.
" and ® Symbols: What They Mean and How to Use Them
The " symbol has no legal effect in Brazil but may still be used to signal that you consider a brand to be your trademark. However, it does not confer any formal rights or protection.
The ® symbol, on the other hand, can only be used after your trademark has been registered with INPI. Using the ® symbol before registration is granted can lead to legal consequences, including potential penalties for misleading the public.
Both symbols, when used appropriately, are typically placed in superscript to the upper right of the trademark.
Brazilian Customs Recordation
Once your trademark is registered with INPI, you may record it with Brazilian Customs to block the importation of counterfeit goods. This allows customs authorities to monitor and detain infringing shipments at the border, giving your brand an additional layer of protection against knockoffs and grey market activity.
Final Thoughts
Brazil offers a well-established trademark system that, while slower and more segmented than some other jurisdictions, provides reliable legal protection for brand owners. But as in Australia, registration is only the first step. Long-term protection requires:
- Continued and documented use of the mark
- Regular monitoring for infringement
- Timely renewals and accurate record-keeping
- Strategic enforcement through customs or legal channels. Enforcement options include civil lawsuits for infringement, administrative proceedings before INPI (e.g., nullity actions against conflicting registrations), and criminal actions for counterfeiting.
Registering Trademarks in Brazil: What You Need to Know
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
