Trademark registration in Brazil follows a first-to-file rule: the company that files first at the National Institute of Industrial Property (INPI) usually owns the mark, regardless of who used it first abroad. For a foreign brand, that makes filing early the most important decision. This guide compares direct filing with the Madrid Protocol and explains timing, oppositions and the local attorney rule in 2026.
In brief
- Registry
- INPI
- Term of protection
- 10 years, renewable
- Opposition window
- 60 days after publication
- Foreign owners need
- An attorney domiciled in Brazil
- Rights arise from registration, so a foreign brand used in Brazil without a filing is exposed.
- Brazil has been part of the Madrid Protocol since 2 October 2019, with an 18-month examination period.
- Applications can cover several Nice classes in one filing, both nationally and through Madrid.
- A trademark and a company name are separate protections, registered in different places.
How trademark registration in Brazil works
The Industrial Property Law (Law 9,279/1996) governs trademarks. Ownership is acquired by a validly granted registration, and the INPI, a federal agency, examines and grants it. A registration protects the mark nationwide for the goods and services it covers.
The first-to-file rule has two important exceptions. First, a person who in good faith had used an identical or similar mark in Brazil for at least six months before the other party’s filing has a preference right (article 129). Second, marks that are well known in their field under the Paris Convention receive protection even without a Brazilian filing (article 126), and registered marks declared of high renown are protected across all fields (article 125). However, both exceptions require proof and often litigation, so they are a safety net, not a strategy.
Brazil uses the Nice Classification for goods and services. In addition, the INPI publishes a list of pre-approved descriptions, and using them tends to reduce formal objections.
Direct INPI filing or the Madrid Protocol
| Point | Direct filing at INPI | Madrid Protocol designation |
|---|---|---|
| Where you file | INPI’s e-Marcas system, in Portuguese | Your home office, which forwards to WIPO |
| Basic mark needed | No | Yes, a home application or registration |
| Local attorney at filing | Yes, for applicants domiciled abroad | No, but needed to respond to INPI |
| Examination deadline | No fixed legal deadline | INPI has 18 months to notify a refusal |
| Dependency | Independent national right | Depends on the basic mark for five years |
| Best for | Brazil as a priority market, Portuguese brand variants | Several countries at once from one filing |
Many groups combine both. They designate Brazil through Madrid for the core brand, and they file directly at INPI for Portuguese versions, slogans or marks that do not exist in the home country.
Trademark registration in Brazil, step by step
Search before filing
Search INPI’s database for identical and similar marks in related classes, and check company names and domain names in use in Brazil.
Define classes and specification
List the goods and services you will actually offer, preferably with INPI’s pre-approved descriptions, and avoid overly broad terms.
File in e-Marcas
The Brazil-domiciled attorney files electronically, pays the official fee and claims Paris Convention priority if a home filing was made in the previous six months.
Publication and opposition
The application is published in INPI’s Industrial Property Journal (RPI), and third parties have 60 days to oppose (article 158).
Substantive examination
An examiner checks absolute grounds, such as descriptive or deceptive signs, and conflicts with earlier marks. The examiner may issue an office action first.
Approval and grant fee
After approval, the grant fee is due within 60 days, with a further 30 days at an extra cost (article 162). The certificate follows payment.
Timing varies with INPI’s queue. The office received a record of almost 505,000 trademark applications in 2025 and plans to increase decisions in 2026. Even so, an unopposed application commonly takes more than a year to reach a decision, and an opposition or appeal adds months.
Designating Brazil through the Madrid Protocol
The Madrid Protocol entered into force for Brazil on 2 October 2019. A foreign company with a mark at its home office can designate Brazil in an international application or in a later designation, and pay Brazil’s individual fee through WIPO.
- 18-month period. Brazil declared an 18-month period to notify a provisional refusal. A refusal based on an opposition may be notified after that period.
- Several classes in one filing. The international application can cover multiple classes, and national filings at INPI can also be multiclass.
- Dependency. For five years, the international registration depends on the basic mark. If the home mark falls, the Brazilian designation falls too, unless it is transformed into a national application within the deadline.
- Responding locally. If INPI issues an office action or a third party opposes, the holder must act through an attorney domiciled in Brazil.
Oppositions, office actions and appeals
| Procedure | Deadline | Legal basis |
|---|---|---|
| Opposition by third parties | 60 days from publication of the application | Law 9,279/1996, article 158 |
| Appeal against INPI decisions, including refusal | 60 days | Law 9,279/1996, article 212 |
| Administrative nullity of a registration | 180 days from issue of the certificate | Law 9,279/1996, article 169 |
| Court action for nullity | 5 years from grant | Law 9,279/1996, article 174 |
| Forfeiture for non-use | After 5 years from grant, on request | Law 9,279/1996, article 143 |
The applicant can reply to an opposition, and the examiner decides both on the merits of the application. In addition, INPI has encouraged a simplified opposition format to make filings more focused. Finally, an office action (exigência) must be answered within the deadline stated in the publication, or the application is archived.
The local attorney requirement
Under article 217 of the Industrial Property Law, a person domiciled abroad must appoint and keep an attorney qualified and domiciled in Brazil, with powers to represent it administratively and in court, including to receive service of process. This applies to direct filings and to any action the holder takes before INPI.
The attorney can be a lawyer or an industrial property agent. The power of attorney should be granted by the trademark owner, usually the parent company, and kept valid for the life of the registration. A Brazilian subsidiary that files in its own name does not need this, because it is domiciled in Brazil. However, the group must then decide who owns the brand.
The power of attorney for INPI follows the same document logic as other Brazilian filings. Our guide on apostille and sworn translation explains when formalities apply.
After registration: use, renewal and licensing
- Term and renewal. A registration lasts 10 years from grant and can be renewed for successive 10-year periods. Renewal is requested in the last year, with a six-month grace period for an extra fee (article 133).
- Use it or risk losing it. Any party with a legitimate interest can request forfeiture if use has not started within five years of grant, or has been interrupted for more than five consecutive years.
- Record licenses at INPI. A license must be recorded at INPI to take effect against third parties (article 140). Recording also supports the tax treatment of royalties and their remittance abroad.
- Keep the owner’s data current. Mergers, name changes and assignments within the group should be recorded, so that renewals and enforcement are not blocked by a mismatch.
Where the parent owns the mark and the Brazilian subsidiary uses it, a recorded license is the usual structure. Our page on corporate tax in Brazil covers the tax side of cross-border payments in general terms.
Trademark and company name are different
Registering the Brazilian subsidiary at the Board of Trade (Junta Comercial) protects its corporate name only within the registry system. It does not give trademark rights, and a registered trademark does not automatically block a similar corporate name. Conflicts between the two are decided case by case, and they are expensive to unwind.
Therefore, check both before choosing the subsidiary’s name. Our guide on the types of companies in Brazil explains the incorporation choices, and our step-by-step guide to opening a business in Brazil shows when the name search happens.
Pitfalls for foreign brands
- Waiting for the launch. Distributors, former partners and opportunists sometimes file a foreign mark first. Filing before announcing the Brazilian entry is the cheapest protection.
- Ignoring Portuguese versions. Translated or adapted names, slogans and product lines need their own filings.
- Letting the distributor file. If a local partner files in its own name, recovering the mark can require litigation. Keep ownership in the group and license the use.
- Specifications copied from abroad. Broad or unclear terms generate office actions and weaken enforcement.
- Forgetting the attorney. An expired power of attorney or a lost contact can mean missing an opposition deadline.
Questions investors ask
How long does trademark registration in Brazil take?
It depends on INPI’s queue and on whether anyone opposes. An unopposed application commonly takes more than a year to reach a decision, while oppositions, office actions and appeals add months. Through the Madrid Protocol, INPI must notify any refusal within 18 months, except refusals based on oppositions.
Does Brazil accept the Madrid Protocol?
Yes. The Madrid Protocol has been in force for Brazil since 2 October 2019. A foreign company with a home mark can designate Brazil through WIPO, paying Brazil’s individual fee.
Does a foreign company need a Brazilian attorney to register a trademark?
Yes, for a direct filing and for any action before INPI. Article 217 of the Industrial Property Law requires a person domiciled abroad to keep an attorney domiciled in Brazil with powers to receive service of process.
Is a trademark registered abroad protected in Brazil?
Generally not. Protection in Brazil comes from an INPI registration or a Madrid designation of Brazil. Only marks that are well known in their field receive protection without registration, and proving that status is demanding.
Can one application cover several classes?
Yes. INPI accepts multiclass applications, and international applications under the Madrid Protocol can also cover several classes. Each class is examined on its own.
How long does a Brazilian trademark registration last?
Ten years from the grant, renewable indefinitely for equal periods. Renewal is requested in the last year of protection, with a six-month grace period for an additional fee.