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.