In Brazil, trademark protection extends beyond specific industries when a mark is granted High Renown (Alto Renome) status. Understanding the difference between a Well-Known trademark and a High Renown trademark is crucial for businesses seeking cross-class protection.
Well-Known trademarks are recognized on a case-by-case basis and protection is limited to a specific sector.
High Renown trademarks, however, are formally recognized through a special procedure by the Brazilian Patent and Trademark Office (BPTO). Once granted, the status is valid for 10 years and provides broad protection across all goods and service classes.
A High Renown mark is recorded in the BPTO registry and published in the official gazette. It may also be registered with other authorities, including NIC.Br (responsible for domain name registration), helping prevent third-party misuse in both trademark and domain name contexts. In criminal cases, infringement penalties can be increased by one-third to one-half.
That said, High Renown recognition does not mean the BPTO will automatically reject all potentially infringing applications. Rights holders must remain proactive by filing oppositions or invalidation actions to enforce their rights.
Documentation required for recognition includes evidence of market share, consumer recognition (supported by surveys or studies), advertising and promotional investments, sales figures, geographic scope of use, brand value, and more. Unlike some jurisdictions, notarization is not required, but once submitted, the documents become public.
Timeline: Recent cases, such as the recognition of the NETFLIX mark, suggest the process typically takes around 6 months if no office action is issued. If the BPTO raises questions, the applicant must respond within 60 days.
Costs: Importantly, the BPTO official fee for High Renown recognition will increase by 24% to USD 8,400 effective August 7, 2025. Companies considering applying are advised to act promptly to avoid additional expenses.
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.
