Priority Examination of Trademarks in Brazil: Updates and New Filing Opportunities

By Ana Carolina Lee Barbosa Del Bianco and Marina Inês Fuzita Karakanian, Dannemann Siemsen partners

The time required for trademark examination in Brazil remains a critical issue for businesses. Currently, the Brazilian Patent and Trademark Office (BPTO) takes an average of 18 to 20 months to issue a decision on applications without opposition, and this timeframe can be significantly longer in more complex cases.

In this context, priority examination for trademarks, implemented in August 2025, has become a relevant strategic tool for companies and trademark owners that rely on fast registration.

The mechanism allows for accelerated examination of applications and petitions in specific situations provided under INPI regulations. These include social grounds, such as applicants over 60 years old and persons with disabilities, as well as strategic scenarios, including disputes, applicants who filed oppositions based on prior user rights (Article 129, Section 1, of Law No. 9,279/96), the need to unlock resources, or use in connection with patents already under priority examination.

Since its implementation, BPTO has received approximately 2,500 priority examination requests, the vast majority (around 94%) filed by individuals over the age of 60.

In addition to the currently applicable grounds, an expansion of the eligibility criteria for requesting prioritized examination is anticipated. In this context, the BPTO issued Ordinance No. INPI/PR 56/2026 on February 10, 2026, establishing new procedural guidelines. Subsequently, on April 14, 2026, it issued Normative Ordinances No. INPI/PR 66/2026 and 67/2026, which set forth Phase II of the Pilot Project for Prioritized Examination.

Among the key changes, which came into effect on May 1, 2026, the following stand out:

-the creation of a priority track for trademarks related to official Federal Government events;

-priority examination for uncontested figurative trademark applications; and

-more flexible documentation requirements for persons with disabilities.

BPTO has also introduced additional grounds for priority treatment, expected to be implemented as of May 2026, including:

-applicants whose applications have been opposed and who will file a response based on prior user rights;

-applicants requiring registration to operate on digital sales platforms or to stop infringement on such platforms;

-individuals or groups from traditional communities or family farming sectors;

-start-ups;

-owners of a basic application that is linked to an international registration under the Madrid Protocol, in which Brazil acts as the Office of Origin;

-applicants domiciled in, or with filings in, countries that maintain reciprocity agreements with Brazil for priority examination (TPH).

Another relevant change is the increase in the cap per applicant, from 3 to 10 priority examination requests.

By expanding these criteria, BPTO reinforces the role of the trademark system not only as a protection mechanism but also as a tool of economic policy aligned with innovation, entrepreneurship, and digital transformation.

Priority examination is therefore no longer an exceptional measure, but a strategic component of trademark portfolio management in Brazil.

In light of these developments, companies should review their trademark portfolios to identify applications that may benefit from priority examination and consider using this mechanism as a complementary tool in enforcement strategies.

Companies that incorporate this approach into their legal and business planning are likely to gain meaningful advantages in terms of speed, legal certainty, and market positioning.