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Whether you're protecting your existing rights from a conflicting new application, or defending your own application from a challenge, our team at Brealant guides you through the INPI opposition process from start to finish.
Legal Definition of Trademark Opposition
Opposition is the formal process, under Law No. 9,279/1996, that lets a third party challenge a trademark application after it is published, before INPI examines it on the merits.
Purpose and Function of Opposition
It exists to let earlier rights holders and other affected parties bring conflicting prior marks and rights to INPI's attention, before a confusingly similar mark can proceed to registration.
Protecting Your Position
Whether opposing or defending, a carefully built case — backed by the right evidence — is essential to a successful outcome before INPI's examiners.
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Contact
Reach out to Brealant to discuss the published application you want to oppose, or the opposition you need to defend.
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Search
We review the conflicting application or your own registration and the surrounding evidence.
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Quote
Receive a service quote covering the opposition filing and, if needed, the response.
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Pay
Proceed with secure payment for the stage you're instructing us on.
File
Brealant files the Notice of Opposition, or the applicant's response, with INPI.
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Wait
Await INPI's substantive examination, which considers the opposition alongside the application; timing varies by case.
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Response
Receive INPI's decision on the application, which addresses the opposition raised.
In Brazil, opposition follows a defined sequence: publication of the application in the RPI, a 60-day window to file a Notice of Opposition, then a further 60 days for the applicant to respond, before INPI's examiner decides the application on its merits. Knowing exactly where a case sits in that sequence is the clearest way to plan next steps.
Opposition is a meaningful step with real cost implications, so it's worth a clear-eyed assessment of the conflicting mark, the strength of your rights, and the commercial risk of letting it proceed unopposed. Brealant assesses the merits with you before recommending action.
Opposition is powerful, but it has real limits
Missed Deadlines
A Notice of Opposition must be filed within 60 days of the application's publication — miss it, and the right is generally lost.
No Retrospective Effect
Opposition can't undo a mark that has already been granted; an administrative or judicial nullity action would be needed instead.
Cost and Time
Because opposition is decided alongside substantive examination, resolution can take well over a year given INPI's processing times.
Burden of Proof
The opponent must substantiate its grounds — an opposition without solid evidence is unlikely to succeed.
Partial Outcomes
Opposition may only succeed for some of the contested goods or services, not necessarily all of them.
Brealant gives you a realistic view of the likely outcome, timeline, and cost before you proceed.
A well-run opposition protects a range of commercial and legal interests
Your Existing Brand
Preventing a confusingly similar mark from registering alongside yours.
Consumer Trust
Reducing the risk of customers being misled between your brand and a new entrant.
Market Position
Stopping a competitor from gaining registered rights that could restrict your own future use.
Register Integrity
Ensuring only marks that genuinely meet Brazil's legal requirements proceed to registration.
Brealant helps you weigh these interests against the cost and time of a contested opposition before you commit.
Opposition follows a defined process, folded into examination
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Publication of the Application
The application is published in the Revista da Propriedade Industrial, opening the opposition window.
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Notice of Opposition
Filed within 60 days of publication, setting out the grounds relied on.
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Applicant's Response
The applicant has 60 days from notification to respond to the opposition.
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Examination & Decision
INPI's examiner considers the opposition and response as part of substantive examination before deciding the application.
Because opposition is resolved as part of substantive examination rather than as a separate proceeding, outcomes commonly take 12 months or longer from the Notice of Opposition, depending on INPI's workload.
Costs scale with how far the matter proceeds
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INPI charges an official fee to file a Notice of Opposition.
depend on the complexity of the grounds raised and whether a detailed response is required.
Brealant scopes and quotes each stage separately, so you're never committed further than you choose to go.
Brealant manages your opposition matter end to end, keeping you informed as the application moves through examination and revisiting strategy as needed, so you can make informed decisions about whether to continue, negotiate, or settle.
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Any interested party can file an opposition, though it is most often brought by the owner of an earlier conflicting mark or business name.
A Notice of Opposition must be filed within 60 days of the application's publication in the Revista da Propriedade Industrial.
No, the 60-day opposition window is a statutory deadline under Brazilian law and generally cannot be extended.
If the opposition succeeds, the application is refused, in whole or for the contested goods/services, and does not proceed to registration.
You'll have the opportunity to file a formal defence with INPI addressing the opponent's arguments, typically within 60 days of being notified.
Yes, many oppositions resolve through negotiation — such as a coexistence agreement, assignment, or limitation of goods — before INPI's decision.
Evidence of your earlier rights, such as registration certificates, prior use, or the reputation of your mark, strengthens an opposition.
Yes, an unsuccessful opponent can file an administrative appeal with INPI within 60 days of the decision.
Brealant quotes a fixed professional fee for filing or defending an opposition, in addition to INPI's official filing fee — we confirm both before starting.
Opposing during the 60-day publication window is generally faster and cheaper than a later cancellation action, so we recommend acting as early as possible.
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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