Trademark registration lawyer for INPI filings in Brazil

Yes. A company number and domain do not replace registration or independently confer trademark exclusivity. Ownership is acquired through a validly granted INPI registration, within its scope of protection (article 129 of Law 9,279/1996). Good-faith prior use may establish a right of precedence where, on the priority or filing date, there had been at least six months of use in Brazil of an identical or similar mark for identical, similar or related goods or services. That use must be proved.

The INPI’s 2026 Action Plan records an average technical decision time of 18.3 months in 2025 for applications without opposition and a ten-month target for 2026. These are institutional indicators, not guaranteed deadlines for individual applications. Oppositions, office actions and appeals may prolong the process. We check the current position when assessing the case.

There are official charges and professional fees. The schedule checked in September 2026 lists R$ 880.00 per class for a pre-approved specification and R$ 1,720.00 per class for a free-text specification. Eligible categories, including MEI, microenterprises and small businesses, may receive a 50% discount; fee waivers have their own conditions. Since 20 September 2025, grant and issuance of the first ten-year certificate are automatic and free under the applicable regime: a grant fee should not be added to every new application. Other procedures and renewals may incur charges. We quote our fees per class before filing and reconfirm the applicable schedule and benefits.

Third parties may oppose within 60 days of publication of the application. After notification, the applicant has 60 days to respond (article 158 of the IP Act). Opposition does not mean refusal. We assess earlier rights, similarity between the signs and the relationship between goods or services, including across different classes, to prepare the response. The outcome depends on the INPI’s examination.

A registration lasts ten years from grant and may be renewed for equal, successive periods (article 133 of the IP Act). After five years from grant, a person with a legitimate interest may seek forfeiture if use has not begun in Brazil, has stopped for more than five consecutive years or has altered the distinctive character as described in article 143. Forfeiture is not automatic: the owner may prove use or justify non-use on legitimate grounds. Failure to renew and other statutory grounds may also end the registration.

Yes. We handle electronic INPI procedures remotely. For applicants domiciled abroad, we review corporate documents and the power of attorney: article 217 of the IP Act requires a qualified representative domiciled in Brazil with administrative and judicial powers, including authority to receive service. For protection in other countries, we assess the Madrid Protocol or direct national filings with local agents. Renato Falchet’s AIPLA membership supports professional exchange; it does not replace each country’s requirements.