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If an unused or invalidly registered trademark is standing in the way of your own brand, our team at Brealant can pursue a cancellation action with INPI — or defend your registration if someone challenges yours.
Legal Definition of Trademark Cancellation
Cancellation in Brazil can take the form of a non-use action (ação/processo de caducidade) or a nullity action under Law No. 9,279/1996, both aimed at removing a registered mark from the INPI database.
Purpose and Function of Cancellation
A non-use action is most commonly used where a mark hasn't been used in Brazil for a continuous period of 5 years, clearing the way for new applications.
Protecting Your Interests
Whether removing a blocking mark or defending your own registration, evidence of use — or its absence — is central to the outcome.
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Contact
Reach out to Brealant about the blocking registration, or the challenge to your own mark.
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Search
We review the target registration's use history and eligibility for a non-use action.
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Quote
Receive a staged service quote covering each phase of the action.
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Pay
Proceed with secure payment for the stage you're instructing us on.
File
Brealant lodges the cancellation petition, or the response, with INPI.
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Wait
INPI notifies the parties and manages the evidence process.
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Response
You receive INPI's decision on whether the mark is cancelled.
In Brazil, a non-use cancellation begins with filing a petition, which the registered owner can then contest by proving use. Both sides present evidence of use, or its absence, before INPI decides. Understanding the target mark's use history is the clearest way to assess your prospects.
A blocking registration that's genuinely fallen out of use can prevent you from registering, or fully protecting, your own brand. Brealant assesses the target mark's use history carefully before recommending action, so you understand the real prospects of success.
Cancellation is a powerful tool, but it has real limits
Minimum Registration Age
A non-use action generally requires the target registration to have been granted at least 5 years earlier.
Burden of Proof Shifts
Once a non-use petition is filed, the registered owner — not the petitioner — carries the burden of proving genuine use.
Discretionary Outcomes
INPI retains discretion to consider legitimate reasons for non-use in limited circumstances.
Time and Cost
A contested cancellation can take a year or longer given INPI's processing times, and involves real professional costs.
Partial Removal Only
The mark may be cancelled only for some goods or services, not necessarily all of them.
Brealant gives you a realistic view of the likely timeline, cost, and prospects before you proceed.
A successful cancellation action protects
Your Path to Registration
Clearing the way for your own application in the same or overlapping classes.
Market Fairness
Removing marks that are no longer genuinely used but still block legitimate new entrants.
Register Accuracy
Keeping the INPI database reflective of marks that are actually in commercial use.
Your Investment
Protecting your brand strategy from being derailed by a stale, unused registration.
Brealant assesses whether cancellation is the right route before you commit resources to the action.
Cancellation timing depends on whether the action is contested
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Filing the Petition
The non-use cancellation petition is lodged with INPI.
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Notice to the Owner
INPI notifies the registered owner, who has 60 days to respond with evidence of use.
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Evidence Review
INPI reviews the evidence of use, or its absence, submitted by the owner.
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Decision
INPI decides whether the mark is cancelled, in full or in part.
An uncontested non-use cancellation can resolve in several months; a contested action more commonly takes a year or longer given INPI's processing times.
Costs scale with whether the action is contested
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INPI charges an official fee to file a non-use cancellation petition.
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scale with whether the action is contested and how much evidence is required.
Brealant will assess your matter and quote before filing, so you know what to expect.
Once a blocking mark is cancelled, Brealant can move straight into clearing and filing your own application, so the opportunity created by the cancellation isn't lost to a competing filer.
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Generally, a continuous period of 5 years' non-use in Brazil is the basis for a non-use cancellation action, and the registration must be at least 5 years old.
Once a non-use petition is filed, the registered owner carries the burden of proving genuine use of the mark, or a legitimate reason for non-use.
Yes, marks can also be challenged through a nullity action on grounds such as the mark having been registered in violation of Law No. 9,279/1996.
The mark is cancelled from the register for the relevant goods/services, clearing the way for new applications covering that same ground.
Yes, the owner has 60 days to respond and must submit evidence of genuine use of the mark during the relevant period.
Any party with a legitimate interest, most often a competitor seeking to clear the register, can file a non-use cancellation or nullity action.
Administrative non-use proceedings commonly take around a year to reach a decision, depending on INPI's workload and any appeal.
Yes, an administrative nullity action must generally be filed within 180 days of the registration being granted, unlike a non-use cancellation, which can be filed once the mark turns 5 years old.
Yes, a partial cancellation can remove specific goods or services from a registration while leaving protection in place for the remainder.
Yes, either party can file an administrative appeal, and a judicial challenge before Brazil's specialised IP courts remains available afterwards.
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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