Brazil at a glance
| Trademark office | INPI, the National Institute of Industrial Property |
|---|---|
| System | First-to-file: rights come from registration, not use |
| Local representative | Required for applicants domiciled abroad (Law 9,279/96, art. 217) |
| Language | Portuguese |
| Classification | Nice Classification, 13th edition (in force since January 1, 2026) |
| Multi-class applications | Yes, with fees charged per class |
| Opposition period | 60 days from publication of the application |
| Term | 10 years from grant, renewable indefinitely |
| Madrid Protocol | Member since October 2019 |
| Average time to decision (2025) | 18.3 months without opposition; 34.4 months with opposition |
Examination times are INPI figures from its 2026 Action Plan. INPI’s target for 2026 is 10 months for unopposed applications.
Why you should file before entering the market
In Brazil, the owner of a trademark is whoever registers it first (Law 9,279/96, art. 129). A registration in the United States, the European Union or the United Kingdom has no effect in Brazil. If a local company or distributor files your brand first, you may have to buy it back, rebrand or litigate before you can sell under your own name.
The law has two narrow exceptions:
- Prior good-faith use in Brazil: someone who had been using an identical or similar mark in Brazil, in good faith, for at least six months before the other party’s filing may claim precedence (art. 129, §1).
- Well-known marks: marks that are well known in their field of activity, under article 6bis of the Paris Convention, are protected even without registration in Brazil (art. 126).
Both require evidence and a dispute. Filing early is far cheaper.
How a filing works, step by step
- Clearance search. We search INPI’s register for identical and similar marks, including pending applications, which take priority by filing date.
- Specification in Portuguese. Goods and services are drafted in Portuguese. Choosing terms from INPI’s pre-approved list keeps fees lower and reduces the risk of office actions. A free-text specification costs almost twice as much.
- Priority claim, if any. Under the Paris Convention, you can claim the date of your first application in another member country if you file in Brazil within 6 months of it (art. 127).
- Filing. We file electronically with INPI, in your name, under a power of attorney that we prepare for you.
- Publication and opposition. The application is published in INPI’s weekly gazette, the RPI. Third parties have 60 days to oppose.
- Substantive examination. INPI checks distinctiveness and conflicts with earlier marks. It may issue an office action (60 days to respond) or a decision.
- Registration. For applications filed since September 20, 2025, the filing fee already covers grant and the first 10 years, and the digital certificate is issued automatically.
- Use. A registration can be cancelled if the mark is not used in Brazil for 5 years (art. 143). Plan your launch with that in mind.
Who can file
Brazilian law allows private entities to register marks only for activities they actually carry out, directly or through companies they control (art. 128, §1). Your business does not need to be active in Brazil when you file, but the goods and services in the application should reflect what your group really does or is preparing to do.
Direct filing or the Madrid Protocol
You can file directly with INPI or designate Brazil in an international registration through WIPO. Both lead to the same rights in Brazil. Madrid is efficient when you file in several countries at once. A direct filing gives you more control over the Portuguese specification and does not depend on your home registration. Our guide on designating Brazil under the Madrid Protocol compares the two in detail.
What it costs
INPI’s official fees are set in Brazilian reais. The main ones for a foreign company are:
| Official fee | Amount |
|---|---|
| Application, pre-approved specification (per class) | R$ 880 |
| Application, free-text specification (per class) | R$ 1,720 |
| Response to an office action | R$ 180 |
| Opposition against a third-party application (per class) | R$ 520 |
| Appeal against refusal (per class) | R$ 700 |
| Renewal within the ordinary term (per class) | R$ 1,000 |
Source: INPI fee schedule (Ordinance GM/MDIC 110/2025 and INPI/PR 10/2025), checked in November 2026. A 50% reduction applies to Brazilian individuals, micro and small companies and some other entities; foreign companies generally pay the full fee.
Professional fees depend on the number of classes and the level of monitoring. You receive a full quote before anything is filed.
What we need from you
- The mark, and the logo file if you are filing a combined or figurative mark.
- The goods and services you sell or plan to sell in Brazil.
- The applicant’s full name and address, exactly as you want them on the registration.
- A signed power of attorney, which we prepare for you.
- For a priority claim, the number, date and country of your first application.
Frequently asked questions
Can I enforce my US or EU registration in Brazil?
No. Trademark rights are territorial. Outside the narrow exceptions for prior good-faith users and well-known marks, only a Brazilian registration gives you exclusive rights in Brazil.
Do I have to be using the mark in Brazil before filing?
No. Brazil does not require use before filing or registration. After registration, however, the mark must be put to use in Brazil within 5 years, or the registration can be cancelled for non-use.
How long does registration take?
In 2025, INPI took an average of 18.3 months to decide applications without opposition and 34.4 months for opposed ones. Your rights date back to the filing date while the application is pending.