How trademark registration works in Brazil: a practical INPI guide

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A company may register its corporate name, acquire a domain and build a reputation without filing a trademark application. If it later receives a cease-and-desist notice invoking another party’s INPI registration, it should examine the grounds. Neither being the first to incorporate nor holding a registration certificate automatically resolves every dispute.

The misunderstanding is understandable but can be costly: a company number, corporate name, domain and trademark are different things. This guide explains what each protects, how an application proceeds and what to assess before investing in a sign.

Why company registration and a domain do not replace trademark registration

These are different registries with different purposes:

• Commercial registry: records the corporate name, with protection generally linked to the relevant Brazilian state and separate rules for extending and enforcing it.
• Registro.br: manages registration of domains, which are internet addresses. Obtaining one does not itself establish trademark rights or remove conflicts with earlier rights.
• Social networks: grant a handle, subject to platform rules and to claims by trademark owners.
• INPI: examines and grants trademark registrations, with nationwide protection subject to the legal scope and limits of the protected goods or services.

The practical consequence: registration can support action against uses that infringe the holder’s rights. It does not prohibit every use of a word or guarantee removal of a profile or transfer of a domain. Earlier rights, exceptions and the applicable procedure must be assessed.

Nice Classification: scope and limits of protection

The INPI uses the Nice Classification, with 45 classes of goods and services. An application must identify the goods or services for which protection is sought. Identical signs may coexist in sufficiently different sectors, but class numbers alone do not resolve a conflict: goods in different classes may be related, creating a likelihood of confusion or association.

The selection must reflect the applicant’s actual, lawful activity. Seeking too little may leave aspects of the business outside the scope of protection; indiscriminate filing adds costs without ensuring exclusivity. Distinguish the product from the service actually provided and prepare an appropriate specification.

Clearance searches: assessing the risks

Before investing in visual identity, packaging, signage or advertising, consider a clearance search in INPI databases. It should examine relevant earlier applications and registrations, not just exact matches. It is an assessment tool, not a certificate of availability.

The search considers visual and phonetic similarity, the sign as a whole and the relationship between goods and services. Distinctiveness also matters. Evocative or suggestive marks indirectly suggest characteristics and may be registrable; they are not the same as merely descriptive or commonplace expressions. Such expressions require analysis of the whole sign and the restrictions in Article 124 of Law 9,279/1996.

The application path, step by step

• 1) Clearance search, definition of goods and services, and selection of the presentation: word, figurative, composite, three-dimensional or position mark, as appropriate.
• 2) Filing the application in the INPI system with the details, documents and fees required for the relevant service.
• 3) Publication in the RPI (Industrial Property Gazette) and a 60-day window for third parties to file opposition.
• 4) Response to an opposition, if filed. The applicant has 60 days from the relevant notification; an opposition does not automatically result in refusal.
• 5) INPI examination of registration requirements. There may be office actions, allowance or refusal, with the applicable response and appeal procedures.
• 6) Grant and certificate. Under the regime introduced in September 2025, the first ten-year term and issuance of the certificate are free and automatic for applications covered by the new rules. Older proceedings require examination of the transition rules; an additional post-allowance fee should not be assumed in every case.

Processing time depends on the examination queue and order, oppositions, office actions and appeals. A fixed duration should not be promised. Filing creates a legal position and an expectation of rights, but is not equivalent to a granted registration or definitive exclusivity. Any notice to third parties should accurately describe the application’s status.

Costs: what the budget should include

Fees depend on the service and class. Discounts may apply to categories such as individual microentrepreneurs, micro and small enterprises, individuals, cooperatives and educational or research institutions, subject to current eligibility requirements. The budget should separate official fees from professional fees for searches, preparation, prosecution, oppositions and appeals. Not every step is necessarily covered by the same engagement.

Alongside the initial budget, consider the cost of a possible rebranding: packaging, signage, the website and customer communication. Infringing another party’s rights may also lead to litigation or damages. Early assessment supports informed decisions without claiming registration will always be cheap or prevent every dispute.

After registration: duties people forget

• Genuine use: once five years have elapsed from grant, a party with a legitimate interest may seek cancellation in the statutory cases of non-use in Brazil, interruption exceeding five years or material alteration of the sign. The holder may prove use or legitimately justify non-use; registration does not automatically expire after five years.
• A 10-year term from grant, renewable during the final year or, exceptionally, within the following six months, on payment of the applicable fee.
• Watching: monitoring the RPI to oppose third-party applications for similar signs.
• Details and ownership: record relevant changes following assignment, corporate succession or changes in details, with the required documents and conditions.

Illustrative example: two restaurants with similar names

Suppose a São Paulo restaurant has used a name for six years without registering it. Another company obtains a registration for related services and sends a notice. This is a fictional example: the existence of the registration does not establish who is right without examining the proceedings and evidence.

The defence may require examining prior good-faith use. Article 129(1) recognises priority to registration for a party that, in good faith, had already used the sign in Brazil for at least six months before the other party’s priority or filing date, for identical, similar or related goods or services. The requirements must be proved and the proper procedure and deadlines observed; six years in business alone does not establish everything required. Timely searches and filing reduce uncertainty but do not guarantee freedom from opposition or litigation.

Frequently asked questions

Are a company number and articles of association equivalent to a trademark registration?

No. A company number identifies the legal entity, and the corporate name has its own legal regime. Trademark ownership generally arises from a valid INPI registration. This does not remove earlier rights or special protection, including priority based on good-faith use and protection for well-known marks. A dispute requires analysis of the sign, activities and evidence.

How long does trademark registration take and what does it cost?

Duration depends on examination, oppositions, office actions and possible appeals; there is no guaranteed completion time. Costs include current fees for each service and class, and the agreed professional fees. The regime introduced in September 2025 makes the first ten-year term and certificate free and automatic for covered applications, subject to transition rules for earlier proceedings.

What is a prior search and why does it matter so much?

It is an assessment of earlier applications and registrations that may affect the proposed sign. It considers visual and phonetic similarities, the mark as a whole and the relationship between goods or services, including across different classes. It helps assess risks before investing or filing, but does not guarantee that the INPI will grant registration.

Can I register a mark identical to another company’s in a different field?

It may be possible where there is no relevant conflict, but being in a different class is not enough. Related activities and the likelihood of confusion or association must be assessed. Highly renowned marks registered in Brazil receive special protection across all sectors; well-known marks receive specific protection within their field, even without a prior Brazilian registration.

I registered the mark but am not using it. Can I lose it?

Yes, under Article 143 of Law 9,279/1996 and upon an application by a party with a legitimate interest. Once five years have elapsed from grant, the assessment considers whether use began in Brazil, whether it stopped for more than five years or whether there were material alterations. The holder may prove use or justify non-use. Renewal of the ten-year registration term must also be monitored.