Trademark opposition and defence before Brazil’s INPI
We act in Brazilian trademark administrative disputes: oppositions, applicant responses, office actions, refusals and appeals before the National Institute of Industrial Property (INPI).
5,0 · 18 Google reviewsOpposition and defence before INPI concern a conflict within the administrative registration process. Strategy begins with the signs, goods or services, prior rights, distinctiveness, evidence of use and the deadline published in the Industrial Property Gazette.
Which administrative acts we handle.
- Opposition to a third-party applicationWe analyse likelihood of confusion, market proximity, prior rights and grounds to challenge the published application.
- Applicant response to oppositionWe structure the response by distinguishing the signs, audiences, markets and evidentiary record.
- Response to an office actionWe assess the formal or substantive requirement and prepare the response and documents within the applicable deadline.
- Refusal analysisWe break down the grounds for refusal and assess the technical and economic viability of an administrative appeal.
- Appeal before INPIWe draft the appeal with legal and evidentiary arguments tailored to the prosecution history and related decisions.
- Coexistence strategyWhere legally appropriate, we assess specification limitations, negotiation or agreement without assuming INPI will accept the arrangement.
How it works.
- Confirm the act and deadlineWe locate the Gazette publication, validate the application number and calculate the applicable deadline before setting strategy.
- Confusion analysisWe compare appearance, sound, meaning, distinctiveness, classes, goods, services and market context.
- Build the evidenceWe select registrations, applications, evidence of use, commercial materials and other relevant and lawful elements.
- File and monitorWe submit the administrative petition and monitor subsequent publications and decisions.
What helps the initial review.
- Application number or Industrial Property Gazette publication
- Related trademark applications and registrations
- Brand identity and actual use of the signs
- Evidence of use, advertising and market presence
- Existing communications or agreements between the parties
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleTranslations of real client reviews published on Google.
Who leads this area.
Partner in charge of the corporate practice (OAB/SP 344.334) and a member of the AIPLA — American Intellectual Property Law Association. Also a member of AASP and postgraduate in Business Law (FGV). Fluent in English.
Meet Renato FalchetRelated guidance and services.
Common questions.
What is a trademark opposition before INPI?
It is a third party’s submission against a published trademark application, stating why the sign should not be registered in whole or in part. INPI considers the arguments when examining the application.
What is the deadline to file an opposition in Brazil?
Article 158 of Law 9,279/1996 provides 60 days to oppose publication of the application in the Industrial Property Gazette (RPI). These are continuous periods, subject to the start and counting rules in Articles 221–223. The publication, procedural act and due date must be checked in the file; do not simply count 60 business days.
An opposition was filed. Is the application lost?
No. Once notified of the opposition, the applicant may respond within a separate 60-day period under Article 158(1). INPI decides the application on the record. Silence does not automatically make the opposition successful, but may limit the opportunity to clarify facts and arguments.
Can a trademark refusal be appealed?
An administrative appeal is generally available within 60 days under Article 212 of Law 9,279/1996, subject to the statutory exceptions and publication of the decision. Its viability depends on the refusal grounds, deadline calculation, trademark rights and evidence.
Does a coexistence agreement guarantee registration?
No. Consent or agreement may be relevant, but INPI applies statutory bars and retains authority to grant or refuse. The arrangement should be structured without promising an administrative result.
Does an INPI opposition stop unauthorized trademark use?
Not necessarily. Opposition concerns the registration application. Stopping unauthorized use, seeking interim relief or damages, or addressing unfair competition requires a separate extrajudicial or judicial strategy.
Is there an INPI publication or deadline underway?
Send the application number and the publication received. We confirm the act, deadline and necessary documents before recommending the appropriate measure.