Essential Guide to Trademarks in Brazil
Protecting Your Brand with Brealant’s Expertise

What a Trademark Is in Brazil
Under Brazil's Industrial Property Law (Law No. 9,279/96), a trademark is a distinctive sign — a word, logo, or combination — used to identify and distinguish products or services in the marketplace, registered and protected nationally by INPI.
Why Registration Matters in Brazil
Brazil operates on a first-to-file system, meaning rights generally belong to whoever registers first, not necessarily whoever used the mark first. Registering early with INPI is the clearest way to secure exclusive nationwide rights to your brand.
The Full Path to Protection
From an initial clearance search through filing, examination, possible opposition, and eventual registration, each stage of the Brazilian process has its own requirements and timelines — Brealant manages the entire journey on your behalf.
A Hassle-Free Registration Journey with Brealant
Contact
Reach out to Brealant, your trusted trademark agent in Brazil, to discuss your brand and protection goals.
Search
Request a clearance search of the INPI register to confirm your mark is genuinely available before you file.
Quote
Receive a service quote tailored to your filing requirements and the classes you need.
Pay
Proceed with secure payment for the selected services.
File
Brealant prepares and submits your trademark application to INPI.
Wait
Await INPI's formal and substantive examination; processing times vary by class and whether opposition is filed.
Response
Receive INPI's decision, which may include your certificate of registration.

Our Trademark Services
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Trademark search
Check your trademark is available in Brazil before you file. Brealant runs thorough INPI Brazil searches with clear risk advice and fixed fees.
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Trademark registration
Register your trademark in Brazil with Brealant. Expert INPI Brazil filing, classification and prosecution at fixed fees. Get a free quote.
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Trademark office action
Got an INPI Brazil office action? Brealant drafts persuasive responses to objections and refusals so your trademark in Brazil keeps moving.
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Trademark opposition
File or defend a trademark opposition in Brazil. Brealant prepares strategic INPI Brazil opposition filings, evidence and arguments to protect you.
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Trademark renewal
Renew your trademark in Brazil on time. Brealant tracks INPI Brazil deadlines, grace periods and fees so your protection never lapses.
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Trademark cease & desist
Stop trademark infringement in Brazil fast. Brealant drafts firm, legally grounded cease and desist letters and manages the response.
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Trademark takedown notice
Remove infringing listings in Brazil quickly. Brealant files trademark takedown notices with online marketplaces, platforms and websites.
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Trademark cancellation
Cancel or invalidate a conflicting trademark in Brazil. Brealant builds non-use and invalidity cases before INPI Brazil to protect your rights.
Clear, Simple Steps to Secure Your Trademark
In Brazil, a trademark application is examined by INPI in stages: a formal review of the application's requirements, publication in the Revista da Propriedade Industrial opening a 60-day opposition period, and substantive examination of the mark's distinctiveness and any conflicts. Understanding this sequence helps you anticipate each stage of your application's journey to registration.

Safeguarding Your Trademark in Brazil — With Brealant by Your Side
Because Brazil is a first-to-file jurisdiction, delaying registration can mean losing your rights to a later applicant — even if you were the first to use the mark commercially. Brealant helps you file promptly and correctly, and manages your application through to grant, so your brand's protection isn't left to chance.

What a Trademark Protects
A registered trademark in Brazil protects the elements of your brand identity that INPI recognizes as distinctive. Protection covers:
Words
Brand names, taglines, and slogans registered in standard characters.
Logos
Logos, graphic devices, and combinations of words and images that identify your brand.

Colors
Distinctive product or packaging shapes that INPI recognizes as capable of identifying origin.
Slogans or non‑traditional marks
Marks recognized as notoriously known in your field, or as marks of high repute across all classes, can receive broader protection under Brazilian law.
Partnering with Brealant means identifying which category best fits your brand and filing accordingly for the strongest protection.
Limitations
What Cannot Be Trademarked in Brazil
Brazilian law excludes certain signs from registered, including:
Generic terms
Signs that merely describe the product, service, or its characteristics cannot function as trademarks.
Descriptive words
National flags, coats of arms, and official government symbols and seals cannot be registered.
Offensive or scandalous material
Signs that are offensive, immoral, or contrary to public order cannot be registered.
Misleading terms
Marks likely to mislead consumers about the nature, quality, or origin of goods or services are refused.
Common surnames
Signs identical or similar to earlier registered or well-known marks in the same field are refused to avoid consumer confusion.
INPI examiners assess every application against these grounds during substantive examination, which is why a proper search beforehand matters.
Timeline for Trademark Registration in Brazil

Registering a trademark in Brazil generally follows these stages:
Application submission
INPI reviews the application for completeness, typically within the first few weeks after filing.
Examination
The application is published in the Revista da Propriedade Industrial (RPI), opening a 60-day window for third parties to file opposition.
Acceptance and publication
INPI examiners assess distinctiveness and any conflicts, addressing any opposition filed.
Registration
If approved, the applicant pays the grant fee and INPI issues the certificate of registration.
An unopposed application in Brazil typically registers within about 12 to 18 months of filing, though opposed or objected applications can take longer.
Understanding Trademark Costs in Brazil — Simplified with Brealant
The cost of registering a trademark in Brazil depends on the number of classes and applicant type:
Official Filing Fees
INPI charges filing, examination, and grant fees per class, with reduced fees available for individuals, micro and small businesses, and other qualifying applicants.
Professional fees
Brealant's professional fees cover search, preparation, filing, and prosecution of your application, quoted upfront based on your specific needs.
These costs represent a worthwhile investment in securing exclusive nationwide rights to your brand across Brazil.
Continued Trademark Protection in Brazil— Supported by Brealant
Once registered, your trademark is valid for 10 years and renewable indefinitely, but ongoing vigilance matters — Brealant supports renewal tracking, monitoring for conflicting new applications, opposition and office action responses, and enforcement action against infringement, so your brand stays protected for the long term.

Frequently Asked Questions
What is the process for registering a trademark in Brazil?
You file an application with INPI, which undergoes formal examination, publication for a 60-day opposition period, and substantive examination before a decision is issued.
How long does trademark registration take in Brazil?
An unopposed application typically registers within about 12 to 18 months from filing, though opposition or office actions can extend this timeline.
How long is a trademark valid in Brazil?
A Brazilian trademark registration is valid for 10 years from the grant date and can be renewed indefinitely in further 10-year terms.
Does Brazil use a first-to-file or first-to-use system?
Brazil is a first-to-file jurisdiction, though a prior user with at least 6 months of good-faith use may claim a right of precedence to register over a later applicant.
Can foreign businesses register a trademark in Brazil?
Yes, foreign applicants can register trademarks in Brazil but must appoint a local representative with power of attorney and an address for service in the country.
Blogs and Resources
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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