Brazil Trademark System Practice Guide

The Brazilian trademark system is centered on the Industrial Property Law (Lei nº 9.279/1996, LPI), a federal law, and systematically outlines the key rules governing applications, examination, registration, cancellation, invalidation, and enforcement.In recent years, practical operations have undergone significant changes following two major institutional reforms: the entry into force of the Madrid Protocol in October 2019 and the revision of the fee schedule (the “First Decenio” automation) effective September 20, 2025.This article systematically organizes key topics from a patent attorney’s practical perspective, covering the LPI, INPI operations, fee structures, the 2025 revisions, opposition/appeal/invalidation/cancellation for non-use, customs measures, special provisions for foreign applicants, and major STJ case law.

Overview of the Brazilian Trademark System and Relevant Agencies

The Brazilian trademark system is governed by the Federal Law LPI (Lei nº 9.279/1996), and the INPI (Instituto Nacional da Propriedade Industrial) is responsible for receiving applications, examining and registering trademarks, publishing them in the RPI (Official Gazette), and handling administrative procedures (oppositions, appeals, and invalidation).Furthermore, under the LPI, the registration of contracts such as technology transfer and franchise agreements (for the purpose of establishing enforceability) also falls under the jurisdiction of the INPI.

Definition of Trademarks and Basic Principles of Registration Requirements

General Principles of Procedure (Deadlines, Publication, and Calculation of Time)

The statutory time limits for INPI procedures generally run in consecutive days, take effect upon publication, and, as stipulated in the LPI, the commencement of time limits is generally set as the business day following publication—a practice that directly impacts operational risks. Since the RPI (Revista da Propriedade Industrial, the Official Gazette) serves as the starting point for all time limit management, it is essential for law firms to establish a system for checking each RPI number.

Legal Framework and International Treaties (LPI, Paris, TRIPS, Madrid)

Standard Procedure from Application to Registration

Electronic Filing (e-Marcas) and GRU Payment

It is explicitly stated that trademark applications and related filings in Brazil must be submitted through the INPI’s electronic system, “e-Marcas.” To use e-Marcas, a valid GRU (Federal Revenue Collection Slip) number is required, and payment must be made prior to submitting the form.

Classification (Nice Classification, 12th Edition) and Designated Goods and Services

The INPI adopts the Nice Classification, 12th Edition (NCL(12)). When filing an application, there are two options for designating goods and services:

As a general rule, designated goods and services cannot be changed after filing; exceptions are limited to specific situations such as “restriction by the applicant.” Therefore, the design of the designation at the time of filing requires careful consideration, taking into account the scope of rights that can be exercised after registration.

Flowchart from Application to Registration

Standard Examination Periods (Official Metrics)

Official Fees (Practical Impact of the 2025 Fee Revision)

System Changes Effective September 20, 2025

List of Major Fees (1 class, discounts available for certain applicant categories)

Examination Criteria and Eligibility for Registration (Visual Character and Distinctiveness)

Eligibility for Registration and Types of Trademarks

The LPI defines the types of trademarks as trademarks for goods and services, collective trademarks, and certification trademarks, and institutionalizes well-known trademarks (notoriamente conhecida, derived from Paris Convention Article 6bis) and trademarks of high renown (alto renome, Article 125 of the LPI) as exceptional forms of protection.

Grounds for Refusal (Absolute and Relative)

The LPI lists signs that cannot be registered (a mix of absolute and relative grounds for refusal). The main categories are as follows:

Assessment of Similarity and “Availability (disponibilidade)”

In INPI’s substantive examination, the legality, distinctiveness, truthfulness, and availability of a mark are comprehensively evaluated. In particular, “availability” is explained as a concept that addresses whether “the mark is available in the market,” based on the existence of prior applications and prior registrations. The concept of “novelty,” as understood in Japanese practice, manifests in Brazil primarily as the presence or absence of a conflict with prior rights (relative grounds for refusal).

Opposition, Appeal, Invalidity, and Cancellation for Non-Use (caducidade)

List of Key Deadlines

Appeals and Finality of Administrative Proceedings

As a general rule under the LPI, unless otherwise specified, an appeal (recurso) may be filed against a decision under the Act within 60 days, and the period for filing a response is also 60 days. The decision is made by the President of the INPI (Presidente do INPI) and is final as an administrative procedure. However, the LPI also explicitly states that appeals cannot be filed against decisions granting trademark registration; therefore, after registration is granted, disputes must be pursued through separate channels (such as invalidation or cancellation for non-use).

Preparing for Cancellation for Non-Use (caducidade)

Response to Infringement and Enforcement (Civil, Criminal, and Customs Measures)

Civil Remedies (Injunctions, Damages, Preliminary Injunctions, Seizures)

The LPI explicitly states that civil remedies may be pursued separately from criminal proceedings and includes provisions regarding the calculation of damages and injunctions (liminar). In particular, regarding injunctions (cessation of infringement), the law provides for the issuance of orders to prevent further damage—even subject to the provision of security—prior to the defendant’s summons.

Criminal Remedies (Trademark Crimes and Unfair Competition)

The LPI defines categories of crimes related to trademark registration (such as reproduction, alteration, and the import, export, sale, or stockpiling of counterfeit trademark goods) as well as unfair competition offenses. The Act also establishes procedural rules for criminal proceedings, such as whether a complaint is required (in principle, a complaint by a private individual is necessary).

Customs Measures and Recent Institutional Developments

The LPI stipulates that customs authorities may, on their own initiative or upon the request of an interested party, seize goods bearing counterfeit, altered, or imitation trademarks, as well as goods with false indications of origin, during customs inspections. In addition, the following institutional reforms have recently been implemented.

In trademark disputes, a practical approach involves combining injunctions and seizures under the LPI with provisional relief (tutela provisória) and pre-trial evidence collection (produção antecipada de prova) under the CPC (Code of Civil Procedure), tailored to the specific type of case (e.g., counterfeit goods from the EU, factory inventory, cross-border distribution).

Practices for Foreign Applicants (Agents, Powers of Attorney, Madrid System)

Obligation to Maintain a Domestic Agent

Requirements for Power of Attorney

Direct Domestic Filing (e-Marcas) vs. Filing via the Madrid System

Brazil has been available as a designated country under the Madrid Protocol since October 2, 2019. However, as the number of classes increases, the impact of individual fees becomes significant, so ROI must be evaluated on a portfolio-by-portfolio basis. Note that even when filing via the Madrid system, a domestic agent is practically necessary for handling rejection notices and other matters.

Recent Key Case Law (STJ)

Recent rulings by the Superior Court of Justice (STJ) in Brazil have clarified the interpretation of the provisions of the Industrial Property Law (LPI). The following are three cases of particular importance in trademark practice.

Practical Checklist & Summary

Summary: Key Points of a Brazilian Trademark Strategy

The Brazilian trademark system has undergone significant practical evolution following two major institutional changes: the entry into force of the Madrid Protocol in 2019 and the 2025 fee revision (automation of the first design class), in addition to its clear framework based on the LPI.

First, the design of designated goods and services determines both the scope of rights and costs. Using the INPI’s pre-approved vocabulary (Code 389) as a baseline and adhering to a single-class approach is reasonable from both an examination practice and cost-efficiency perspective.

Second, RPI-based deadline management is key to preventing errors. The consecutive 60-day deadlines for opposition, appeal, and reply are best managed using a checklist organized by RPI number.

Third, after registration, it is essential to prepare for cancellation due to non-use (caducidade) after five years. It is necessary to establish a system immediately after registration to systematically preserve evidence of use and be prepared to respond to any cancellation requests.

Fourth, for foreign applicants, having a resident agent in Brazil and submitting a power of attorney in Portuguese (within 60 days) are mandatory requirements under the system. Standardized onboarding processes are necessary for cases involving overseas clients.

Fifth, infringement responses are structured across three tiers—civil, criminal, and customs—and while spanning the LPI and CPC, utilizing the Customs SCP and ADI RFB No. 3/2025 (effective in 2025) are practical options.

The registration and enforcement of Brazilian trademark rights require a practical framework based on the interplay between the LPI, INPI operations, STJ case law, and the customs system. For each individual case, it is recommended that Japanese patent attorneys and Brazilian agents collaborate to develop strategies regarding designation, deadline management, and dispute resolution.