To file a trademark in Brazil, you must submit an application to the Brazilian Intellectual Property Office (INPI). Under IP Law No. 9279/96, once INPI approves the application and registers the trademark, the owner gains the exclusive right to use the mark throughout Brazil for ten years from the registration date.
What is a trademark in Brazil?
You can register a trademark in Brazil if it consists of a visually perceptible sign that can distinguish goods or services. The Brazilian system allows for word marks, figurative marks, combined marks (word + design), and even three-dimensional (3D) marks.
When you register your trademark with the Brazilian Patent and Trademark Office (INPI), you gain legal protection throughout Brazil. Once granted, the trademark remains valid for ten years and you can renew it indefinitely for additional ten-year periods, as long as you intend to maintain your trademark rights.
To register a trademark, you must also ensure it is available. In Brazil, trademark rights go to the first party that files the application. Therefore, filing early is essential to securing ownership.
Keep in mind that some signs may face restrictions or be considered ineligible for registration. You can contact us for assistance—we can help you navigate these restrictions and offer a free availability search before you file.
How to file a trademark in Brazil?
The application to file a trademark in brazil can be file on-line, by post or personally; the form must contain at least the following:
TM information:
- Complete name and address of the applicant(s);
- Particulars of a mark (type of mark, digital image if any, description of colors, etc).
- Class/es in which the trademark application is to be filed: specifications of goods/services to be covered.
Documents required:
- Power of Attorney: signed by the applicant or an authorized officer of the applicant company; the signature must be notarized by a Notary Public and Consular legalization or “Apostille” is required Brazil is a member of the Hague Convention, which allows the exemption of foreign documents from consular legalization.
- Certified copy of the Priority Document: if priority is claimed, a copy of the first filed foreign application notarized.
- Translation of documents into Portuguese: our in-house translators can assist you.
It is recommended to perform a search before filing an application in Brazil, in order to verify the availability of the sign. If you file your trademark with Goytia & Associates this previous search is FREE.
Check out how to file a patent in Brazil.
How is the process of a Trademark in Brazil?
Filing a trademark in Brazil is straightforward. After you file the application, it gets published, and third parties have 60 days to file an opposition. If someone files an opposition, the BPTO will notify you, and you’ll have 60 days to respond. Once the opposition period and counterarguments close, the examiner begins the substantive examination and checks for potential conflicts with earlier trademarks. During this phase, the BPTO may issue official actions or requests, and you must respond within 60 days.
If you fail to respond, the BPTO will shelve your application. However, if you submit a response—whether by fulfilling the requirement or by formally contesting it—the examination will continue.
If no opposition is filed, the examiner will evaluate your application based on the availability search. If the examiner finds conflicting prior registrations, they will reject the application. If a potential conflicting mark is under forfeiture or subject to legal proceedings, the examiner will suspend your application until the case is resolved. The same rule applies to conflicting senior applications still under examination.
Once the examination concludes, the BPTO will issue a decision to either approve or reject the trademark application. If the office rejects it, you’ll have 60 days to file an appeal with the BPTO president.
Duration of the procedure:
Filing a trademark in Brazil generally takes between 24 to 36 months to complete the registration process—from the application submission to the final decision—if no opposition arises. However, if an opposition occurs, the process may extend for several years.
Grant, validity term and maintenance fees
Trademark protection in Brazil lasts for 10 years from the registration date. You can renew the registration within 12 months before it expires. Each renewal extends protection for another 10 years.
International treaties
Brazil participates in several international treaties, including the Paris Convention for the Protection of Industrial Property, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and the Nice Agreement on the International Classification of Goods and Services for Trademark Registration.
Some Extra Facts
The Brazilian Intellectual Property Office (INPI) publishes accepted trademark applications in the Official Gazette. Third parties then have 60 days to file an opposition. Once this period ends, applicants must pay the registration fees within 60 days to maintain the process without penalties. If they miss this deadline, they can still pay during a 30-day grace period, but they must also pay the corresponding penalty fees.
Representation by a trademark attorney
Foreign applicants must appoint a qualified representative who resides in Brazil and holds administrative and judicial power of attorney, including the authority to receive official notifications (as required by Section 217 of the Intellectual Property Act). This representative may be an IP agent, a specialized lawyer (as is traditionally the case), or any Brazilian citizen (since June 2014).
Goytia & Associates has local offices in Brazil and in key cities of the world to ensure the best quality of IP service. Our extensive coverage of +120 countries enables our clients to effectively manage multiple filings and cases through one centralized agent.
Do you need to file a trademark from another country other than Brazil?
This content may suffer modifications due to updates in the official regulations of Brazil.
