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Securing your trademark in Brazil protects your brand, prevents unauthorised use, and gives you exclusive rights across the country. Our team at Brealant guides you through every step of a seamless IP registration process with INPI.
Legal Definition of a Trademark in Brazil
A trademark registration in Brazil is a legally recognised sign that visually distinguishes an organisation's goods or services from those of its competitors.
Purpose and Function of Trademarks in Brazil
Under Law No. 9,279/1996 (the Brazilian Industrial Property Law), trademarks safeguard your brand's identity and reputation by providing legal protection. Registering a trademark gives your business exclusive rights to use, license, or sell your mark, enhancing recognition and trust.
Protecting Your Trademark
A registered trademark covers distinctive elements like words, logos, and mixed (word-plus-device) marks. Partnering with trademark experts in Brazil helps maintain your brand integrity and prevent imitation.
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Contact
Reach out to Brealant, your trusted trademark agent in Brazil, to discuss your trademark needs.
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Search
Request a FREE trademark search in Brazil to ensure your brand's uniqueness.
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Quote
Receive a service quote tailored to your filing requirements.
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Pay
Proceed with secure payment for the selected services.
File
Brealant submits your trademark application to INPI.
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Wait
Await INPI's response; response times vary. Check our country page for time estimates, or contact us for case-specific guidance.
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Response
Receive INPI's decision, which may include your official registration certificate.
In Brazil, a trademark is a legally recognised sign — word, figurative, or mixed — that distinguishes a company's goods or services from others. Governed by Law No. 9,279/1996 and administered by INPI, a registered trademark grants you exclusive nationwide rights to prevent others from using similar identifiers that may cause consumer confusion.
Trademark registration in Brazil provides significant advantages in securing your brand identity. Once registered, you hold exclusive rights concerning specific goods or services across the entire country. This legal protection prevents competitors from using or imitating the trademark, helping build consumer trust and recognition.
Certain elements cannot be trademarked under Brazilian law, including
Generic Terms
Common, generic, or necessary signs that describe the product (e.g., 'pão' for a bakery).
Descriptive Words
Signs that merely describe the characteristics, quality, or geographic origin of the goods or services.
Official Symbols & Contrary to Morality
National symbols, flags, and marks that are contrary to morality or public order.
Misleading Terms
Signs that could mislead consumers as to the nature, origin, or quality of the goods or services.
Isolated Letters, Numerals & Dates
Isolated letters, numerals, or dates, unless presented in a sufficiently distinctive graphic form.
INPI's examiners assess every application to ensure that these non-registrable elements are not part of the proposed trademark.
A registered trademark in Brazil protects various elements that identify and differentiate a brand. The protection extends to
Words
Unique brand names, slogans, and taglines, filed as nominative marks.
Logos & Figurative Marks
Distinctive graphical elements representing the brand, filed as figurative marks.
Mixed Marks
Combinations of words and graphical elements filed together as a single mark.
Three-Dimensional Marks
Distinctive shapes of products or packaging, where genuinely capable of distinguishing the brand.
By partnering with IP experts in Brazil, you can ensure your brand is safeguarded from infringement and prevent customer confusion or loss of trust due to imitation.
The registration process for a trademark in Brazil typically involves
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Filing & Formal Examination
Once filed with INPI, the application undergoes a formalities check before being published in the Revista da Propriedade Industrial (RPI).
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Publication & Opposition
The application is published for a 60-day period during which third parties may file an opposition.
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Substantive Examination
An INPI examiner reviews the application, any opposition filed, and the absolute and relative grounds for registration.
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Decision & Certificate
If granted, INPI issues its decision in the RPI, and the registration certificate follows once the grant fee is paid.
On average, the process can take between 12 and 24 months from filing to grant, depending on INPI's workload and whether the application is opposed.
The cost of trademark registration in Brazil varies depending on the number of classes and the applicant's status
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INPI charges an official filing fee per class, plus a separate grant fee once the application is approved; reduced rates are available for individuals, micro and small businesses, and startups.
When using the services of a trademark agent or attorney in Brazil, there may be additional fees for their assistance in the search, application, and examination stages.
These costs represent a valuable investment in securing a brand's exclusive rights and protecting it against infringement.
Once registered, a trademark can be actively monitored and enforced to ensure others are not using similar marks that may confuse customers. Businesses often partner with IP professionals to monitor potential infringements, maintain renewal timelines, and manage licensing agreements, strengthening their market position in Brazil.
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In Brazil, a trademark is a legally recognised sign — word, figurative, or mixed — that identifies and differentiates a company's goods or services from others in the marketplace.
Copyright protects original creative works like art and music, while a trademark protects brand identifiers like logos and names that distinguish products or services in commerce.
A registered trademark in Brazil is valid for 10 years from the date of grant, with the option to renew indefinitely in further 10-year terms.
Brazilian trademark law prevents generic, purely descriptive, misleading, or offensive signs, as well as official symbols, from being registered.
INPI charges an official renewal fee per class, which is generally similar to the original filing fee, plus Brealant's professional fee for managing the renewal.
Yes, but non-resident applicants must appoint a locally domiciled attorney or agent to represent them before INPI, a role Brealant fulfils.
Yes, Brazil has been a member of the Madrid Protocol since 2019, so you can designate Brazil in an international application, though a direct national filing is sometimes the better strategy.
Yes, INPI allows multi-class applications, though the official fee is charged per class included.
Yes, both licensing and assignment are possible, and either should be recorded with INPI to be fully effective against third parties.
We recommend using the ® symbol, monitoring for conflicting new filings, and diarising your renewal date, all of which Brealant can help manage.
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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