Trademark Registration in Brazil

Brazil is a first-to-file jurisdiction, which means exclusive rights belong to whoever files first—not necessarily the first to use the mark. In practice, trademark rights are generally recognized only for registered trademarks before the **National Institute of Industrial Property – INPI.

Only in exceptional cases—such as well-known or famous marks—can an unregistered sign receive some level of protection. For most businesses, if you don’t register, it becomes much harder (and often impossible) to stop third parties from using or registering an identical or confusingly similar mark.

By completing your trademark registration in Brazil, you secure protection for key brand assets such as your:

• Brand name
• Logo
• Business or product name
• Labels or packaging

A registered trademark in Brazil:

• Grants exclusive rights over the sign for the goods/services listed
• Strengthens your legal position in case of infringement
• Allows you to oppose later conflicting applications
• Provides clear proof of ownership for online marketplaces and platforms
• Builds customer trust and brand credibility
• Creates a public record of your rights in the INPI database
• Supports long-term brand security for domestic and international expansion

Applications are filed with INPI using a goods/services description compatible with the Nice Classification. Filing electronically can help streamline the process, even though the Brazilian system can still be relatively slow.

Brazil is also a member of the Madrid Protocol, so you can either file directly in Brazil or extend an international registration to Brazil through the Madrid System.

If you file a combined trademark (word + logo), your exclusive rights cover only that exact configuration. If you want to protect the word element and the figurative element independently (for example, to use the name without the logo or vice versa), it is advisable to file separate applications for each element.

To register a trademark in Brazil, you will generally need:

• Scanned copy of a signed Power of Attorney. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

On average, Brazil trademark registration takes 18 months for straightforward cases. Timing may vary depending on:

• Substantive examination
• Objections
• Oppositions
• Office workload

Your consultant monitors every update and keeps you informed, so you never miss a deadline or request.

Once approved, your trademark is registered and INPI issues your official certificate.

Brazilian trademarks:

• Are protected for 10 years from the registration date
• Can be renewed indefinitely for successive 10-year periods
• May be renewed up to 12 months before the expiry date
• Can also be renewed during a 6-month grace period after expiration, subject to late renewal fees

As long as you renew your mark on time and avoid long periods of non-use, your Brazilian registration can remain in force indefinitely.

To avoid missing renewal deadlines and manage the process with peace of mind, you can rely on our Brazil Trademark Renewal Service.

Yes. Once a trademark application is published in INPI’s official bulletin, third parties may file an opposition if they believe it:

• Is identical or confusingly similar to their own mark
• Conflicts with their prior rights
• May cause consumer confusion for similar goods or services

In Brazil, opposition actions must be filed within 60 days from the publication date of the application.

The chances of success will depend on factors such as the similarity between the marks, the overlap of goods/services, and the strength and prior use of your trademark in Brazil. Having an existing registration or proven use is often a key element in supporting an opposition.

If you believe a pending application affects your rights, we can review your case and guide you through the full opposition process before INPI, from strategy to filing and follow-up.

In Brazil, use is not required to obtain trademark registration, but it is essential to maintain your rights over time.

After registration, if a trademark is not used for five (5) consecutive years, it becomes vulnerable to cancellation actions for non-use. A third party may request that INPI cancel the registration on this basis.

To keep your Brazilian trademark safe:

• Use the mark genuinely and continuously in Brazil for the goods/services covered.
• Keep evidence of use, such as invoices, advertising materials, packaging, website screenshots, or catalogues, in case you need to defend against a non-use action.

If INPI or a third party ever requests proof of use, your iGERENT consultant will guide you through exactly what to provide and how to present it, ensuring you submit everything needed to keep your protection active.

Brazil recognizes three-dimensional (3D) trademarks, allowing protection for distinctive shapes, packaging, and product configurations before INPI.

To register a 3D trademark in Brazil:

• Your application must include a set of images showing the object from several angles (front, back, top, bottom and sides).
• The shape must not be generic, common to the product, or dictated solely by technical function.
• You must include a statement describing the distinctive elements of the 3D mark, as specifically required by INPI.
• If the 3D sign is not inherently distinctive, INPI may request evidence of acquired distinctiveness (secondary meaning) based on use in the marketplace.

For more details, you can refer to the INPI website.

If you want to protect a 3D mark in Brazil, contact us for a free, no-obligation review of your case so we can assess your options and guide you through INPI’s specific requirements.