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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.
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.
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Contact
Reach out to Brealant as soon as you receive an exigência or refusal decision from INPI.
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Search
We review the examiner's cited marks and grounds in full detail.
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Quote
Receive a service quote tailored to the complexity of the objections raised.
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Pay
Proceed with secure payment for the response service.
File
Brealant drafts and files your written response, or recurso, with INPI.
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Wait
Await the examiner's or appeals board's decision on your response; timing varies by case.
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Response
Receive the outcome — acceptance, a further requirement, or a final decision on appeal.
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.
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.
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.
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.
Responding to an office action generally follows these stages
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Requirement or Refusal Issued
INPI issues an exigência or an indeferimento during substantive examination.
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Response Preparation
Brealant prepares submissions, evidence, or arguments to address the objections raised.
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Filing the Response
The response, or recurso against a refusal, is lodged with INPI before the statutory deadline.
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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.
Costs for an office action response depend on the nature of the objection
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INPI charges a modest official fee to file a recurso against a refusal decision, but generally no additional fee to respond to an exigência.
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.
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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If the 60-day deadline passes without a response, the application can be treated as abandoned, or the refusal becomes final.
In many cases yes — narrowing the goods/services list or amending non-substantive elements of the mark can resolve certain objections.
Yes, applicants can file a recurso with INPI's appeals board within 60 days of the refusal decision being published.
INPI can issue more than one exigência if earlier responses don't fully resolve the objections, all within the overall response deadlines.
Applicants generally have 60 days from the publication of the exigência or refusal in the Revista da Propriedade Industrial to respond or appeal.
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.
No, this is a statutory deadline under Brazilian trademark law and generally cannot be extended, so acting promptly is essential.
Evidence such as coexistence agreements, letters of consent, or proof that the marks target different consumers can support an argument against confusion.
No, there's no additional government fee to respond to an exigência — only Brealant's professional fee applies.
Non-residentapplicants must be represented by a locally domiciled attorney or agent beforeINPI, which Brealant provides.
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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