The new fast-track Trademark examination

By Elisabeth Siemsen do Amaral, Luiz Henrique O. do Amaral, Sonia Amoedo Miguez

The Brazilian Patent and Trademark Office (BPTO) will start offering a new service called Fast-Track Trademark Examination, which consists of a new procedure to expedite applications' examination and trademark petitions. This possibility of expediting examination applies to national applications as well as the designations to Brazil under the Madrid Protocol.
 
The request can be made through a specific form, supporting documents and, when applicable, payment of fee.
 
There are two categories for requesting Fast-Track Trademark Examination: 
 
CASES RELATED TO STRATEGIC OBJECTIVES AND PUBLIC POLICIES:

Eligible applicants are:

• Those who have filed an opposition based on rights of prior use;
• Parties involved in certain judicial proceedings at the federal or state courts involving the trademark;
• Cases of public interest or national emergency;
• Those with products or services linked to a patent under fast-track examination;
• Scientific, Technological, and Innovation Institutions (ICTs);
• Applicants requiring the registration to release public funding;
• Participants in the BPTO mentorship programs through a Technical Cooperation Agreement (TCA). 

Maximum quotas: The BPTO announced the maximum volume of 1,200 cases in the initial phase.

Quotas will be counted regardless of the outcome. Once the quota limit is reached, new requests will be suspended.

Therefore, early submission is strongly advised. 

CASES WITH LEGAL PRIORITY:

This category is free of charge and has no quota limit.

Eligible applicants include:

• Individuals aged 60 or older;
• Individuals with serious illnesses;
• Individuals with disabilities;
• Companies under the Inova Simples model. 

PROCESSING OF THE FAST-TRACK REQUEST:

Prioritization will occur after the formal examination phase and the deadlines for filing oppositions and responses have passed.

If the application is transferred to an applicant not eligible for priority, the request will not be granted.

If the fast-track request is denied, a new request may be submitted with updated documentation.

In all cases, if documents are in a foreign language, a simple translation is required.

Dannemann Siemsen has a highly specialized team ready to guide and assist clients in requesting Fast-Track Trademark Examination or to clarify any doubts.

Given the service launch as of August 7, 2025, and the limited number of cases admissible, we strongly recommend submitting your fast-track request as soon as possible to the extent that your case fits the criteria above and speeding up examination is necessary.

We are available to check if any of your cases are eligble for fast track or to answer any question.

Source: Circular 12 DS