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.
Table of Contents
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.
Basic Principle under the LPI: A trademark must be a “visually perceptible sign” as a prerequisite for registrability. Consequently, non-visual trademarks, such as sounds or smells, are excluded from registration under the legal definition. While rights are generally acquired through valid registration, there are provisions granting a certain priority (precedência) to bona fide prior users.
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.
| Treaties and Laws | Status in Brazil | Practical Impact |
|---|---|---|
| LPI (Industrial Property Law) | Core Domestic Law (Law No. 9,279/1996) | Comprehensive regulation of applications, examination, registration, cancellation, invalidation, and infringement (civil and criminal) |
| Paris Convention | Priority and Well-Known Trademarks (Article 6bis) | The LPI also refers to the treaty to provide for the protection of well-known trademarks and priority rights |
| TRIPS Agreement | Minimum Standards for WTO Member States | Trademark Protection (Part II) + Enforcement and Border Measures (Part III) |
| Madrid Protocol | Effective October 2, 2019 | Designation of Brazil via international registration is now institutionally possible |
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.
The INPI adopts the Nice Classification, 12th Edition (NCL(12)). When filing an application, there are two options for designating goods and services:
Code 389 (pré-aprovada / pre-approved vocabulary): A method where applicants select terms from a vocabulary pre-approved by the INPI. The form requires selecting a single class, and it is explicitly stated that the designated goods and services must fall within that same class. This method offers high stability in terms of examination practice and costs and is recommended as the standard approach.
Code 394 (livre preenchimento / free description): A method that allows for free description. This should be selected when unique specifications are required that cannot be fully expressed using the pre-approved vocabulary. Fees are higher.
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.
Examination indicators published by INPI (2024 performance through November):
・Cases without opposition: Approx. 17.4 months
(from filing to publication of the RPI for the technical examination decision)
・Cases with opposition: Approx. 25.7 months
Due to the automatic issuance system effective September 20
, 2025, there are factors that will shorten the total time required to complete registration.
Core of the 2025 Revision:Previously, payment was made in two stages: "filing fee + (after deferimento) first decenio + certificate issuance." However, for cases filed on or after September 20, 2025 (e.g., using Form 389 or 394), the first decenio and certificate issuance are now automatic and free of charge, eliminating the need for the previous "payment after deferimento" (Forms 372 or 373).This effectively eliminates the risk of losing rights due to missed payments.
| Category | Code | Description | Standard (R$) | After Discount (R$) |
|---|---|---|---|---|
| Application (pre-approved) | 389 | Application (per class) | 360 / 880 | 180 / 440 |
| Applications (open-ended) | 394 | Applications (by class) | 420 / 1,720 | 210 / 860 |
| Opposition (Standard) | 3,020 | Opposition | 520 | 260 |
| Opposition (Limited Assertions) | 3022 | LPI 124 XIX Limited (Newly established on December 20, 2025) | 360 | 180 |
| Appeal (General) | 333 | Trademark Appeal (Broad Sense) | 700 | 350 |
| Appeals (Rejections, etc.) | 3000 | Appeals against Rejection, etc. | 700 | 350 |
| Registration Renewal (10 years) | 434 | Extension (Standard) | 1,240 | 620 |
| Renowned Trademark Certification | 393 | Application for Well-Known Trademark Certification | 37,580 | — |
Strategic Positioning of Well-Known Trademarks: The application fee for "Alto Renome" certification is extremely high at 37,580 reais. This constitutes special, cross-class protection under Article 125 of the LPI, and it is reasonable to limit its use to strategic cases where the "brand value and necessity for cross-class protection" are clearly established.
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.
The LPI lists signs that cannot be registered (a mix of absolute and relative grounds for refusal). The main categories are as follows:
Main Grounds for Refusal:
① Generic terms and descriptive indications (lack of distinctiveness)
② Official symbols (national flags, coats of arms, etc.)
③ Marks likely to cause confusion with a third party’s prior trademark
(relative grounds for refusal)
④ Conflict with well-known trademarks (INPI may refuse registration ex officio)
⑤ Violation of public order and morality, etc.
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).
| Procedure | Deadline | Starting Point | Legal Basis |
|---|---|---|---|
| Opposition (oposição) | 60 days (consecutive days) | The business day following the publication of the RPI | LPI |
| Response to opposition | 60 days | The business day following notification | LPI |
| Filing an appeal against a rejection decision | 60 days | The business day following the publication of the decision | LPI General Provisions |
| Administrative Invalidity (processo administrativo de nulidade) | Within a certain period after registration | Grant of Registration | LPI |
| Judicial Invalidity | 5 years (statute of limitations) | Registration granted as a general rule | LPI |
| Cancellation for non-use (caducidade) | May be claimed after 5 years from registration | Registration granted | LPI |
| Renewal (prorrogação) | Every 10 years | Registration date | LPI |
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).
5-Year Non-Use Cancellation Rule:
After five years have elapsed since the grant of registration, a third party may request cancellation for non-use if the following requirements are met:
① No commencement of use
② Five consecutive years of non-use
③
Use in a manner that alters the distinctive character, etc
. After registration, the fundamental defense strategy is to systematically preserve evidence of the commencement and continued use of the mark
(invoices, advertisements, packaging, e-commerce listings, etc.).
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.
Calculation of Lost Profits (lucros cessantes):
The victim may choose the calculation standard most favorable to them.
① Profits the victim
would have earned; ② Profits earned by the infringer
; ③ An amount equivalent to a reasonable royalty
. Furthermore, the LPI includes provisions regarding the seizure, forfeiture, and destruction of infringing goods, which are considered in conjunction with the preservation of evidence.
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).
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.
Recent Topics on Border Measures:
・SCP (Sistema de Combate à Pirataria)
: A
system for customs authorities to cooperate
with trademark owners in seeking injunctions ・ADI RFB No. 3/2025
: Circular clarifying procedures for detention and forfeiture (perdimento) regarding the import of counterfeit goods, etc. (published in 2025) The framework is being developed
to align with the minimum standards for border measures under the TRIPS Agreement.
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).
Mandatory Requirements for Foreign Applicants: The LPI explicitly requires foreign residents to “appoint and maintain” a Brazilian agent to represent them in administrative and judicial proceedings. Since the agent must possess authority to accept service of process, securing an agent on a permanent basis—rather than on a case-by-case basis—is a prerequisite.
| Requirements | Content |
|---|---|
| Language | Portuguese |
| Certification | No consular legalization or signature certification required |
| Submission Deadline | Within 60 days of the first procedural step (failure to meet this deadline results in final archiving = rejection of the application) |
Practical risks of the power of attorney: If the 60-day deadline is missed, the trademark application may be definitively archived (arquivamento definitivo). For cases involving overseas clients, it is essential to standardize the process of “obtaining signatures → simple translation → submission within the deadline” and prioritize task management focused on the speed of obtaining signatures.
| Perspective | Direct Domestic Filing (e-Marcas) | Via Madrid (International Registration → Designation of Brazil) |
|---|---|---|
| Jurisdiction/Entry Point | Domestic application to INPI | International Registration (administered by WIPO) + Designation of Brazil (examined by INPI) |
| Class Design | Operation under Rule 389 assumes a single class | Individual fees are charged per class (e.g., 3011) |
| Agent | Foreign residents must appoint a domestic agent | May be necessary in practice for handling rejections, etc. |
| Centralized management of procedures | Managed individually within the country | Centralized management (renewals, etc.) via international registration number |
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 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.
| Case | Issues | Ruling and Practical Significance |
|---|---|---|
| Speedo Case | Exceptions to the time limit (generally 5 years) for trademark invalidation proceedings | In cases involving well-known status and bad faith, the evaluation of the parties’ conduct may influence the conclusion. The decision introduced the concept of gradually resolving rights relationships through the refusal of renewal. |
| Perdigão Case (REsp 1.787.676/RJ) | Retroactive Effect of Well-Known Trademarks (alto renome) | Protection of a trademark of high renown is ex nunc (forward-looking) and does not have retroactive exclusionary effect on trademarks already filed prior to its recognition. Dilution should be understood in connection with the system of trademarks of high renown under Article 125 of the LPI, rather than in the general sense of “notoriety.” |
| Fogo Olímpico Case (REsp 1.583.007/RJ) | Prohibition on Registration under Article 124 of the LPI and Special Laws | Regarding the unauthorized use of sports event names and symbols, exclusive rights under special laws may extend beyond the principles of trademark distinctiveness and specialized fields. A cross-disciplinary understanding of relevant special laws, in addition to trademark doctrine, is necessary. |
Pre-filing
Phase
☑ Search the INPI database for prior trademarks
(identical or similar) ☑ Align designated goods and services with
INPI’s pre-approved (pré-aprovada) vocabulary ☑ Base
cost planning on Code 389 (single-class application) ☑ Secure a local agent and
prepare a power of attorney (in Portuguese) ☑ For multi-country expansion, compare ROI between Madrid System route vs. direct national filing
Filing–Publication–Examination
Phase
☑ File via e-Marcas (GRU payment completed → submission)
☑
Monitor publication using the RPI number☑ Monitor third-party trademark publications as well (60-day opposition period)
☑ Manage the 60-day deadline for
filing appeals against rejection notices☑ Submit the power of attorney within 60 days of the first procedural act
Post-Registration Phase
☑
For applications filed on or after September 20, 2025, the First Decenio certificate is issued automatically and free of charge(Eliminates risk of missed payments)
☑ Management
of 10-year renewals (Code 434) ☑
Systematic preservation of evidence of use (invoices, advertisements, packaging, e-commerce listings) ☑
Preparation for the risk of cancellation due to non-use after 5 years ☑ Licenses become opposable through INPI registration (averbação)
Infringement Response
Phase
☑ Combine injunctions and seizures under the
LPI with provisional relief under the CPC ☑
Compare three methods for calculating damages (victim’s profits, infringer’s profits, and royalties) ☑ Establish advance systems for border
measures utilizing the SCP at customs ☑ Respond to counterfeit
imports based on ADI RFB No. 3/2025 ☑ Strategic decision-making regarding criminal complaints (private prosecution required)
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.
Contact Evolix for consultations on Brazilian trademark applications
From direct filings in Brazil (e-Marcas) and designations via the Madrid System to INPI oppositions/appeals, infringement litigation, and customs measures, our patent attorneys will propose a Brazilian IP strategy aligned with your company’s business strategy.