In 2026, Brazil continues to be one of the most significant intellectual property
jurisdictions in Latin America for both domestic and international brands. The trademark
registration process is governed by the Industrial Property Law (Law No. 9,279/1996) and
administered by the National Institute of Industrial Property (INPI). Brazil is also a member
of the Paris Convention and the Madrid Protocol, which allows international brands to
designate Brazil in their trademark filings. Understanding the registration workflow,
examination process, and local procedural requirements is critical for securing effective
protection.
Brazil’s trademark system operates on a first-to-file basis, meaning that the first applicant
to successfully register a mark with the INPI generally acquires exclusive rights,
regardless of prior market use. This emphasizes the importance of timely filing for both
domestic and foreign brands. Additionally, the law provides extended protection for
“well-known” or high-reputation marks, allowing them to prevent similar
registrations across different classes when evidence of recognition and brand strength exists.
Before filing, applicants are advised to conduct a trademark availability search in the INPI
database to identify potential conflicts with existing registrations. While not mandatory,
this step helps reduce the risk of opposition or refusal.
● Official INPI search portal: https://www.gov.br/inpi/en/services/trademarks/basic-guide
Trademark applications can be submitted electronically via INPI’s e-Marcas system. Key
requirements include:
● Applicant’s name and address
● Clear depiction of the trademark (word mark, logo, shape, color combination, etc.)
● Classification of goods or services according to the Nice Classification system
● Payment of filing fees
Foreign applicants without a Brazilian domicile must appoint a Brazil-resident attorney
to handle filing and correspondence. (INPI e-Marcas)
Once submitted, the INPI conducts:
1. Formal examination – checking completeness, required documents, and fee payment
2. Substantive examination – evaluating distinctiveness, similarity to existing marks, and
compliance with Brazilian law
If any objections arise, the applicant has the opportunity to respond within the official deadlines.
Approved applications are published in the official trademark gazette. Third parties have a
60-day period to file oppositions against the application. Effective management of oppositions
is critical to successful registration.
After the opposition period ends and all objections are resolved:
● The trademark is registered and protected for 10 years from the date of issuance
● Registration can be renewed indefinitely in 10-year increments upon payment of renewal fees
● Continuous use is recommended, as failure to use the mark for five years may result in
cancellation for non-use
International brands can also designate Brazil via the Madrid Protocol, but many choose
to file directly with the INPI for greater procedural control. Key strategic points include:
● Prioritizing early filing due to the first-to-file system
● Ensuring compliance with Portuguese-language filing requirements
● Appointing a local representative to manage communications and procedural deadlines
Brazil’s trademark registration process provides a well-structured, internationally aligned
system, but it requires careful planning and local compliance. For global brands,
understanding the filing, examination, publication, opposition, and renewal processes ensures
reliable protection and minimizes legal risk in this key Latin American market.
Hyperlink List：
● IPcrossark:
IPcrossark—Reliable IP Registration Platform | Trademark, Patent & Copyright Help
● INPI Laws and Regulations:
https://www.gov.br/inpi/en/services/trademarks/legislation
● INPI Official Trademark Guide:
