TRADEMARK APPLICATION FILING IN
Brazil

Brazil, as one of the largest economies in Latin America, places high value on the enforcement and protection of Intellectual Property to incentivize innovation, protect the interests of its businesses, and instil consumer confidence about products and services. The Brazilian Intellectual Property Office (INPI) is the authority responsible for administering all intellectual property rights in the country. Brazil operates on a first-to-file basis when it comes to trademark registration, and all trademarks must comply with Brazil's trademark system, which is governed primarily by Industrial Property Law (Lei da Propriedade Industrial—LPI), enacted in 1996.

The trademark registration before the Brazilian Intellectual Property Office (INPI) can either be filed through the online portal or via offline mode. 

Multi-class applications are not allowed by the Brazilian Intellectual Property Office (INPI).

The requirements for filing a trademark application are as follows:

• Name, nationality, and address of the applicant;
• Mark representation (logo/device/word, etc.);
• Descriptions of goods and/or services;
• Power of Attorney *;
• Certified priority document**;

*A digitally signed POA is required;

**If priority is being claimed, a Certified Priority Document must be submitted within eighteen days of the filing. Also, the Certified Priority Document has to be translated into Portuguese and the same to be submitted within sixty days of filing.

The process of registering a trademark in Brazil begins with the submission of the application to e-INPI. Before the submission, one must pay the GRU collection form, and a GRU number will be allotted. The GRU number will be used to proceed further. Once filed, the application undergoes a formal & substantial examination to ensure it meets all the required standards and grounds for refusal, where examiners assess the trademark's eligibility for registration.

If any issues or discrepancies are identified during the evaluation, the applicant will be notified and given five days to resolve them. If no issues are found, or once corrections are made, the application moves forward. The trademark will then be published in the Industrial Property Magazine, initiating a 60-day opposition period. During this time, third parties have the opportunity to raise objections to the application.

If no opposition is filed, or if any objections are resolved in favor of the applicant, the trademark will be officially registered, and a registration certificate will be issued.

The opposition process will begin once a notice of opposition is filed with the office during the publication period. The applicant will receive the opposition notice and must provide a response to it. The opponent may initiate administrative proceedings against the applicant to invalidate the registration of the application. They will then be notified of the decision regarding the approval or rejection of the trademark registration.

A trademark registration in Brazil is valid for a period of ten years. The trademark must be renewed before the end of twelve months the current term to maintain protection for an additional ten years.

However, if the renewal is not submitted on time, it can still be processed within six months after the expiration date with the requisite penalty.

A registered trademark must be actively used within five years of its registration. If the trademark is not used continuously during this period, it may be subject to cancellation following a request from a third party.

Typically, the trademark registration process in Brazil takes eighteen months in straightforward cases.

Brazil’s expanding economy continues to strengthen its influence in the field of intellectual property rights (IPR). It currently ranks seventh globally in trademark filings. According to WIPO data for 2023, global trademark filings rose by 8.5%, with Brazil contributing significantly to this growth. Residential trademark filings in Brazil increased by 8.8%, while Madrid System filings designating Brazil grew by 39.5%. Major economies such as the United States, the United Kingdom, and China also actively register trademarks in Brazil, reflecting its strategic importance in the global IP landscape.