Trademark registration at the INPI, in Brazil
We run the filing end to end — clearance search, Nice classes, filing, opposition defence and renewal. Renato Falchet is a member of the AIPLA, the American Intellectual Property Law Association.
5,0 · 18 Google reviewsA company number and a domain do not protect a brand. Brazil runs an attributive system: ownership of a trademark is acquired through a validly granted registration, with exclusive use across the national territory (art. 129, Law 9,279/1996). A mere user depends on the prior-use right, which requires good-faith use in Brazil for at least six months — and evidence of it.
What we do on trademarks.
- Clearance searchBefore filing, we check conflicts on the INPI database and the real risk of refusal or opposition.
- Nice classification45 classes — 1 to 34 for goods, 35 to 45 for services. The wrong class buys a certificate that protects nothing you sell.
- Filing the applicationSpecification, form of presentation (word, device, composite or three-dimensional) and follow-through to decision.
- Opposition and defenceWe file oppositions against third-party applications and defend yours within the 60-day period of art. 158 of the IP Act.
- Renewal and upkeepRegistration runs for 10 years and is renewable (art. 133). We track the deadline so nothing already won is lost.
- Infringement and forfeitureAction against unauthorised use, and defence where a third party seeks forfeiture for non-use (art. 143).
- Protection abroadStrategy outside Brazil, through the Madrid Protocol or by direct national filings, with local agents.
The search is worth more than the filing.
Filing is cheap and fast. What is expensive is filing wrongly and finding out two years later, with the brand already printed on packaging, the website and the storefront. That is why the clearance search comes first: it shows identical and similar marks already filed in the classes that matter, and the real risk of opposition.
Choosing the classes is the second decision that shapes the outcome. The Nice Classification has 45 classes — 1 to 34 for goods, 35 to 45 for services — and the INPI has applied edition NCL(13) since 1 January 2026. Filing in the wrong class produces a certificate that does not cover what the company actually does.
On timing, an official figure rather than a guess: the INPI’s 2026 Action Plan records an average technical decision time of 18.3 months in 2025 for applications without opposition, and a target of 10 months for 2026. These are the office’s own numbers and they move during the year, but they let you plan a launch or a licence agreement on evidence rather than folklore.
How we run the case.
- Search and assessmentSearch of the INPI database, conflict analysis and an opinion on viability — before any fee is paid.
- Classes and specificationWe set the Nice classes and the specification of goods and services that covers what the company really does.
- Filing and monitoringFiling, payment slips, publication and monitoring of office actions and any opposition.
- Technical defenceResponse to opposition, compliance with office actions, administrative appeal and, where needed, court action.
- Renewal and watchTen-year renewal, use monitoring and watching third-party applications that could conflict with your mark.
What to bring to the first conversation.
Documents that speed up the review
For the clearance search, the name and the sector are enough. For filing, these items avoid office actions and rework.
- Name, logo and the variations in use
- Description of activities and business codes
- Company registration and articles of association
- Evidence of use: website, packaging, invoices
- Earlier applications or registrations held
- Domain names and social media handles
- Licence or franchise agreements
- Notices already received from third parties
First clearance search at no cost, with no obligation. Informational content under Brazilian Bar Association Rule 205/2021 — it does not replace an assessment of your case.
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. · GoogleReal 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, an uncommon credential among Brazilian practitioners. Also a member of AASP and postgraduate in Business Law (FGV). Fluent in English.
Meet Renato FalchetCommon questions.
We already have a company number and a domain. Do we still need to register the mark?
Yes. Neither gives exclusivity over the name. Ownership of a trademark in Brazil is acquired through a validly granted INPI registration, which secures exclusive use across the national territory (art. 129, Law 9,279/1996). A mere user relies on the prior-use right of §1, which requires good-faith use in Brazil for at least six months — and evidence of it.
How long does registration take?
The INPI’s 2026 Action Plan records an average technical decision time of 18.3 months in 2025 for applications without opposition, with an official target of 10 months for 2026. Opposition or an office action extends that. These are the office’s own figures, revised periodically — we confirm the current position during the assessment.
How much does registering a trademark cost?
There are two sets of costs. The INPI’s: under the schedule in force in August 2026, the filing fee is R$ 880.00 with a pre-approved specification and R$ 1,720.00 with a free-text specification, with a 50% discount for micro and small businesses, individuals and other categories; a further grant fee falls due after allowance. And our fees, quoted per class before filing. INPI amounts change by ministerial order and are reconfirmed at the assessment stage.
What happens if someone opposes our application?
An opposition may be filed within 60 days of publication of the application (art. 158 of the IP Act). You are notified and have a period to respond. Opposition does not mean refusal: in many cases the argument is about the specification or about similarity across different classes, and a technical response settles it.
How long does a registration last, and can we lose it?
Registration runs for 10 years from grant and is renewable for equal, successive periods (art. 133 of the IP Act). It can also lapse: five years after grant, any person with a legitimate interest may request forfeiture if use has not started in Brazil or has been interrupted for more than five consecutive years (art. 143). It is not automatic, but it does depend on demonstrable use.
Do you file for companies outside São Paulo — and abroad?
Yes. The INPI process is entirely electronic and handled remotely, for companies anywhere in Brazil. For protection abroad we assess the Madrid Protocol route and direct national filings, working with local agents. Renato Falchet’s AIPLA membership makes that work easier in North America.
Is your brand actually yours?
Send us the name and the sector. We run the first INPI search at no cost and tell you whether the path is clear, which classes make sense and where the risk sits. We reply within one business day.