Trademark Registration in Brazil

Overview

Brazil operates under a first-to-file trademark system. Exceptions include well-known marks, trade names, and prior use that can overcome the first-to-file rule. A new provision of Brazilian law requires that the applicant must be engaged directly or indirectly in commercial activity compatible with the claimed goods or services.

The approximate time from application to registration is 12 months. Brazil's trademark office (INPI/BPTO) has hired new examiners and expedited prosecution, particularly following Brazil's accession to the Madrid Protocol. Proof of use is not required prior to registration.

Key Facts at a Glance

Advantages of Trademark Registration

• It is the sole means of obtaining rights in or title to a trademark
• Provides prima facie evidence of ownership and validity
• Provides national protection across all Brazilian states
• Allows use of ® to demonstrate ownership
• Allows the registrant to bring enforcement actions in courts
• Deters others from unlawfully using the trademark
• Enforcement of a registered mark is faster and less costly
• Confers the ability to recover maximum monetary damages
• Enables royalty collection from the filing date (no longer necessary to wait for registration grant)
• Prevents others from registering an identical or similar mark that could block your use in Brazil

Registrable Trademark Types

• Words — word marks and brand names
• Names — personal names
• Devices/Logos — graphical designs
• Three-dimensional shapes — Cannot be the necessary, common, or usual shape of a product or packaging, or shapes inseparable from a technical effect
• Color combinations — Must be arranged in an unusual and distinctive manner; single colors not registrable
• Trade dress — No specific trade dress registration exists, but robust case law provides strong protection through unfair competition
• Position marks — BPTO now accepts position marks — the first registration was granted for positioning of holes in shoe design

Madrid Protocol

Brazil is a member of the Madrid Protocol, allowing international trademark applications through WIPO designating Brazil. Applications can be filed directly with INPI or through the Madrid system.

Use of Unregistered Marks

Use of an unregistered mark is legal, provided it does not conflict with prior registered or well-known marks, is not contrary to morals or good customs, does not conflict with religious beliefs, or suggest a false indication as to nature, origin, or source.

Application Requirements

• Full name and address of the applicant
• Clear representation of the trademark
• List of goods or services with NICE class number
• Power of attorney (requirements vary — simple signed letter may suffice)
• Priority document if claiming Paris Convention priority (6-month window)

The Registration Process

• Filing: Application is submitted to INPI (National Institute of Industrial Property) or through WIPO via Madrid Protocol
• Publication: Application is published approximately 1 month after filing in the weekly gazette 'Revista da Propriedade Industrial' (RPI)
• Opposition Period: 60 days from publication date to file an opposition
• Examination: INPI examines for formalities, clarity, descriptiveness, distinctiveness, and deceptiveness
• Decision: INPI issues a decision granting or refusing the registration
• Registration: Certificate issued; valid for 10 years from registration date

Post-Registration

Trademark registrations in Brazil are valid for 10 years from the registration date and are renewable for successive 10-year periods. To avoid cancellation for non-use, the mark must be used within five years from the grant date. Registration can be challenged at any time after five years if use has been interrupted for more than five consecutive years.

A simple signed power of attorney is required (may be provided within 60 days of filing). If claiming Paris Convention priority, the home application must have been filed within six months.

Why Choose Proxario for Brazil Trademarks

Brazil is the largest economy in Latin America and a critical market for international brand protection. Proxario offers expert trademark registration through INPI with flat-fee pricing that covers all government fees. With Brazil's accession to the Madrid Protocol, we can also assist with international applications designating Brazil.