Trademark Office Action in Brazil

Responding to INPI Examination Requirements

If INPI raises objections to your trademark application, you'll receive a formal requirement (exigência) or a refusal decision. Our team at Brealant prepares the legal and evidentiary response needed to get your application back on track.

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Essential Guide to Trademarks in Brazil

Protecting Your Application with Brealant's Expertise

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Legal Definition of a Trademark Office Action
An office action, formally an exigência (formal requirement) or an indeferimento (refusal), is issued under Law No. 9,279/1996 when an INPI examiner identifies grounds for objecting to or rejecting an application.
Purpose and Function of an Office Action
It gives you the chance to address the examiner's concerns — commonly a conflicting prior mark, lack of distinctiveness, or a classification issue — before the application is finally refused.
Protecting Your Application
A well-argued response can resolve objections while preserving the broadest possible scope of protection for your brand, rather than conceding more than necessary.

A Hassle-Free Registration Journey with Brealant

Contact
Reach out to Brealant as soon as you receive an exigência or refusal decision from INPI.
Search
We review the examiner's cited marks and grounds in full detail.
Quote
Receive a service quote tailored to the complexity of the objections raised.
Pay
Proceed with secure payment for the response service.
File
Brealant drafts and files your written response, or recurso, with INPI.
Wait
Await the examiner's or appeals board's decision on your response; timing varies by case.
Response
Receive the outcome — acceptance, a further requirement, or a final decision on appeal.

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Clear, Simple Steps to Overcome Your Office Action

In Brazil, an exigência or refusal sets out precisely why INPI considers your application doesn't yet meet the requirements of Law No. 9,279/1996. Understanding exactly which ground has been raised — conflict, distinctiveness, or classification — is the clearest way to build an effective response within the 60-day deadline.

Safeguarding Your Filing Decision in in Brazil — With Brealant by Your Side

An office action isn't necessarily the end of the road — in many cases it's an opportunity to persuade the examiner or appeals board. Brealant's response strategy is built to resolve the objection while safeguarding the commercial value of your mark, rather than narrowing it more than necessary.

Limitations

What an Office Action Response Cannot Fix

A response is powerful, but it has boundaries applicants should understand

Fundamental Conflicts
A response can't remove a genuinely conflicting earlier registered mark from the INPI database.
Missed Deadlines
Once the 60-day response deadline passes without a reply, the application is generally treated as abandoned or proceeds to a final refusal.
Inherent Descriptiveness
Some marks are too descriptive to overcome through argument alone.
New Grounds
A response can't pre-empt grounds the examiner hasn't yet raised, such as a later administrative nullity action.
Guaranteed Outcomes
No response guarantees acceptance — INPI's examiner or appeals board retains discretion on the final decision.

Brealant will give you a realistic assessment of your prospects before you commit to a response strategy.

What a Response Protects

A properly prepared office action response protects several things at once

Your Filing Date
Timely responses keep your original filing date and priority intact.
Your Scope of Protection
Careful argument can avoid unnecessary narrowing of your goods and services.
Your Brand Elements
Evidence of prior use and distinctiveness can support keeping your mark as originally filed.
Your Investment
A resolved objection protects the time and cost already spent preparing your application.

Brealant's attorneys assess every option before recommending the response most likely to succeed.

Timeline for a Trademark Office Action in Brazil

Responding to an office action generally follows these stages

Requirement or Refusal Issued
INPI issues an exigência or an indeferimento during substantive examination.
Response Preparation
Brealant prepares submissions, evidence, or arguments to address the objections raised.
Filing the Response
The response, or recurso against a refusal, is lodged with INPI before the statutory deadline.
Further Decision
INPI's examiner or the appeals board either accepts the application or confirms the objection.

Applicants generally have 60 days from publication of an exigência or refusal decision to respond or appeal.

Understanding Office Action Costs in Brazil — Simplified with Brealant

Costs for an office action response depend on the nature of the objection

Official Filing Fees
INPI charges a modest official fee to file a recurso against a refusal decision, but generally no additional fee to respond to an exigência.
Professional fees
Brealant charges a fixed professional fee for preparing and filing the response, scaled to the complexity of the objection.

We quote this upfront once we've reviewed your office action, so there are no surprises.

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Continued Support After Your Office Action in Brazil — Supported by Brealant

Once your response is filed, Brealant continues to track the application through to a final decision and grant, keeping you updated at every stage so nothing is missed.

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Frequently Asked Questions

What happens if I don't respond to an office action?

If the 60-day deadline passes without a response, the application can be treated as abandoned, or the refusal becomes final.

Can I amend my application to overcome an objection?

In many cases yes — narrowing the goods/services list or amending non-substantive elements of the mark can resolve certain objections.

Can I appeal if I disagree with the examiner's refusal?

Yes, applicants can file a recurso with INPI's appeals board within 60 days of the refusal decision being published.

How many office actions can be issued?

INPI can issue more than one exigência if earlier responses don't fully resolve the objections, all within the overall response deadlines.

How long do I have to respond to a trademark office action in Brazil?

Applicants generally have 60 days from the publication of the exigência or refusal in the Revista da Propriedade Industrial to respond or appeal.

What's the difference between a formal exigência and a refusal on the merits?

A formal exigência typically raises procedural or documentation issues, while a merits-based refusal addresses substantive grounds like descriptiveness or conflict with an earlier mark — both follow the same 60-day response window.

Can the 60-day response deadline be extended?

No, this is a statutory deadline under Brazilian trademark law and generally cannot be extended, so acting promptly is essential.

What evidence helps overcome a likelihood-of-confusion refusal?

Evidence such as coexistence agreements, letters of consent, or proof that the marks target different consumers can support an argument against confusion.

Does INPI charge a fee for reviewing my office action response?

No, there's no additional government fee to respond to an exigência — only Brealant's professional fee applies.

I need a Brazilian attorney to respond to an office action?

Non-residentapplicants must be represented by a locally domiciled attorney or agent beforeINPI, which Brealant provides.‍