Brazil's INPI discusses recent changes to the trademark system at IDS event

By Dannemann Siemsen

The Dannemann Siemsen Institute (IDS) brought together senior officials from Brazil’s National Institute of Industrial Property (INPI) on September 22 to discuss the main changes introduced into the country’s trademark system during 2025 and 2026. The virtual Agenda IDS event focused on developments implemented by INPI’s Directorate of Trademarks, Industrial Designs and Geographical Indications (DIRMA), including prioritized examination, acquired distinctiveness, the streamlined “Opposition 2.0” procedure and new rules concerning the recognition of trademarks with high reputation, known in Brazil as alto renome.

The discussion featured Alexandre Lopes Lourenço, Director of DIRMA; Leila Silva Campos Braga, General Coordinator of Trademarks I; and Elisangela Santos da Silva Borges, General Coordinator of Trademarks II. The meeting was the first in a new series of IDS webinars intended to promote dialogue between INPI, users of the industrial property system and the public on developments affecting trademark examination and prosecution in Brazil.

One of the areas discussed was the expansion and restructuring of prioritized examination for trademark applications. INPI established separate examination queues for applicants that meet criteria set by law or by strategic objectives and public policies. Certain applicants, including elderly individuals, persons with disabilities or serious illnesses and legal entities covered by the Inova Simples regime, may qualify for priority free of charge. Other forms of priority are available for strategic or public-policy reasons, as well as for official government events.

The framework was further modified in 2026. INPI’s Normative Ordinances No. 66 and 67, issued in April, established the modalities and reception criteria for the second phase of the trademark priority pilot project. A separate modality was also created for trademarks associated with official federal government events, while the rules governing priority examination were adjusted. INPI’s current legislation lists these measures among the trademark regulations adopted in 2026.

Another significant development concerns acquired distinctiveness. In June 2025, INPI issued Ordinance No. 15/2025, establishing rules for recognizing that a sign that was initially considered insufficiently distinctive may acquire distinctive character through use. The regulation entered into force on November 28, 2025, following a public consultation held between October 2024 and January 2025.

Under the current rules, the applicant must present evidence showing substantially continuous use of the mark during the three years immediately preceding the request for examination and demonstrate that a relevant portion of the Brazilian consumer public recognizes the sign as identifying the goods or services of a particular source. The procedure can be requested at several stages of trademark proceedings, including during examination, in response to an opposition based on lack of distinctiveness and in certain appeals or administrative invalidity proceedings.

The reform was also incorporated into INPI’s fee structure through service code 3021, which covers the submission of documents supporting acquired distinctiveness. The current table lists a fee of R$4,700 for the service, with the applicable fee structure subject to INPI’s rules and discounts where provided.

The meeting also addressed “Opposition 2.0,” a simplified opposition mechanism developed as part of INPI’s efforts to streamline trademark examination. The service, introduced under code 3022, allows an opposition to be filed with allegations restricted to the protection of a third-party registered trademark under Article 124, paragraph XIX of Brazil’s Industrial Property Law, on a per-class basis. The stated objective is to improve examination productivity by replacing extensive arguments with a more restricted presentation of the grounds for opposition.

The mechanism was included in INPI’s strategic planning before its implementation. The Institute’s 2023–2026 Strategic Plan identified “Opposition 2.0 for Trademarks” as a project aimed at developing a simplified opposition form, streamlining examination and reducing costs for users. The project included adapting INPI’s information systems and procedures.

Another topic discussed at the IDS event was the recognition of alto renome, a status that gives a registered trademark special protection across all fields of activity under Article 125 of Brazil’s Industrial Property Law. In July 2025, INPI issued Ordinance No. 25 establishing new parameters for proving this status. The new rules took effect on August 7, 2025.

The revised framework identifies three fundamental elements for recognition: recognition of the mark by a broad portion of the Brazilian general public; the quality, reputation and prestige associated with the mark and its goods or services; and the degree of distinctiveness and exclusivity of the sign. The rules recommend nationwide market research to demonstrate public recognition and nationwide image research to establish the reputation associated with the mark. INPI may also request additional research or information during examination.

The framework was subsequently modified again in 2026. Normative Ordinance No. 68, issued on April 22, allows the holder to indicate more than one registration containing the same sign when requesting recognition of alto renome. If recognition is granted, the status may be recorded against the registrations concerned. The regulation also provides that the special protection may expire if one of the registrations covered by the recognition is extinguished or declared null.

The changes discussed at the IDS meeting form part of a broader effort by INPI to revise trademark procedures through consultations, new administrative rules and changes to examination workflows. The Institute has described its public consultations as mechanisms intended to promote greater uniformity and predictability in examination while incorporating feedback from users of the industrial property system. Both acquired distinctiveness and the new parameters for alto renome were preceded by public consultations before the respective rules were adopted.

The September 22 meeting also marked the beginning of the new IDS webinar series dedicated to exchanges with INPI. The initiative provides a forum for discussing recent regulatory and procedural developments directly with officials responsible for trademark examination, while giving practitioners and other users of Brazil’s industrial property system an opportunity to follow the implementation of the changes introduced during 2025 and 2026.