Brazil is a first-to-file country meaning that rights in a trademark belong to a party who registered the trademark. There are some exceptions to this rule like “right of precedence in registration” based on good-faith prior use of an unregistered trademark.

If you plan to do business in Brazil, a Brazilian trademark should be filed as soon as possible.

Important highlights of the Brazilian registration process:

  • Multiple class applications are possible in Brazil, but not operational at the moment. Therefore, for now, it is necessary to file each class in a different application/process.
  • Co-ownership of a trademark is also possible in Brazil
  • A Brazilian trademark in a regular (smooth) procedure nowadays takes about 10 months from application till granting (no oppositions/office actions/denials).
  • First-to-file country just like China and Mexico, with a few exceptions to defend good faith.
  • Registration is valid for 10 years starting from the day of registration (not from application like in many other countries).
  • In Brazil, there are government filing fees and government registration fees (grant fees).
  • Proof of use is not required at the time of filing

We can help you to register a trademark in Brazil. We have a designated Brazilian attorney to take care of all your legal needs in Brazil from obtain a trademark clearance in Brazil to trademark registration.

Select a plan to start your Trademark Registration in Brazil

Prices are in USD for Brazil

SAIL THROUGH

$495

Covers filing your application and reporting the progress all the way to registration. Single class. This is our entry-level package.

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ALL IN

$875

Covers full trademark registration, including dealing with non-substantive examiner’s objections. Single class. Re-filing guarantee.

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BELLS AND WHISTLES

$1195

Covers full trademark registration, including reporting and responding to all examiner’s objections. Re-filing guarantee.

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Prices depend on the country. Please check individual country page for exact prices for each package.

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Details about pricing packages

What’s included:

Preparation and filing of your application and reporting the progress all the way to registration.

Single class application. Each additional class will have same fees. Our professional fees for the 2nd class will be $355.

What’s not included:

Government fees, responding to examiner’s objections (office actions), opposition proceedings, free re-filing and additional extras that you get with the “ALL IN” package.

If an office action is received, you will be notified and provided with an estimate to respond based on our hourly rate. Where possible, we will try to give you a flat fee.

When to choose:

If your funds are limited and if our free trademark search didn’t uncover any obstacles to registration.

When it’s better to choose another package:

If our search showed that there may be an objection that may need to be addressed.

If your trademark may be problematic and re-filing may be required.

We usually recommend the ALL IN package in Brazil as objections there are quite common.

If you would like a re-filing guarantee.

What’s included:

Covers everything that is included in “SAIL THROUGH” package plus reporting and responding to non-substantive (procedural) office actions and free re-filing if your mark is refused by Brazilian Trademarks Office.

Free re-filing will be done on our “SAIL THROUGH” package conditions – you will be responsible for government fees but we will waive professional fees. Check out our FAQ section for re-filing details.

Single class application. Each additional class will have same fees. Our professional fees for the 2nd class will be $450.

Free extras:

Unlimited consultations with us about your trademark (average value of $250).

What’s not included:

Government fees, substantive office actions, opposition proceedings and additional free extras that you get with “BELLS AND WHISTLES” package.

When to choose:

Most popular – this package gives you peace of mind and predictability of the budget. This is the package we recommend for Brazil.

Why is it a better choice than “SAIL THROUGH” package:

We will deal with non-substantive office actions for free.  In addition, if your trademark is refused, you will have an option to file for a different trademark and our professional fees will be waived!

File with confidence:

If your trademark is refused, we’ll file another – fee excused.

What’s included:

Covers everything that is included in the “ALL IN” package plus reporting and responding to substantive office actions and free re-filing if Client’s mark is refused by Trademarks Office.

Free re-filing will be done on our “ALL IN” package conditions – you will be responsible for government fees but we will waive professional fees. Check out our FAQ section for re-filing details.

Single class application. Each additional class will have same fees. Our professional fees for the 2nd class will be $995.

Free extras:

Unlimited consultations with us about your trademark (average value of $250)

What’s not included:

Government fees, opposition proceedings, cancellation proceedings.

When to choose:

If you want to pay one fee and not worry about being charged extra down the road. This package is recommended if our trademark search uncovered some potential obstacles to your trademark registration.

Why is it a better choice than “ALL IN” package:

We will deal with all office actions for free. In addition, if your trademark is refused, you will have an option to file a different trademark and our professional fees will be waived!  This package gives you complete peace of mind and predictability of the budget. Read more about this package and why it’s the best here.

File with confidence:

If your trademark is refused, we’ll file another – fee excused.

Government fees are not included in our packages and are extra

Brazilian government filing fee is R$ 415 (US$85) per application, per class

Brazilian government registration fee is R$ 745 ($150) per application, per class.

Brazilian government renewal fees are approximately R$ 1.065,00 USD 220,00 per application, per class.

Upgrades

Upgrade 1

$380

Upgrade “SAIL THROUGH” package to “ALL IN” package.

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Upgrade 2

$700

Upgrade “SAIL THROUGH” package to “BELLS AND WHISTLES” package.

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Upgrade 3

$320

Upgrade “ALL IN” package to “BELLS AND WHISTLES” package.

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Frequently Asked Questions

What classification system does Brazil use?
Brazil adopts the Nice Agreement. INPI publishes its own list of accepted goods and services which conforms to the Nice Classification or publishes office actions if products or services may not be in the correct class.
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On what grounds may a trademark be refused in Brazil?
Trademark applications in Brazil are examined to make sure they are distinctive and to make sure there are no similar prior filed or registered trademarks (this is similar to US, Canadian and Australian trademark law procedures).
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Please describe trademark registration process in Brazil.
Trademark registration process in Brazil is as follows: After application for trademark registration in Brazil has been filed, INPI will conduct a basic assessment to make sure the trademark application meets formal requirements. The trademark application will be published in the INPI’s official bulletin only if the minimum requirements are met. The publication is 60 days during which oppositions may be filed. If no opposition is filed, INPI will do a detailed examination of the application and decide whether the trademark can be registered in Brazil. INPI will examine the trademark for distinctiveness and also conduct a trademark search for similar trademarks. Unlike in Europe, if a similar trademark is found it can be a ground for trademark refusal by INPI. For this reason, it is wise to perform a clearance trademark search for confusingly similar trademarks. What is interesting is that INPI does not communicate with the applicant in case the trademark is refused. Instead, the change of the application’s current status, request for payment of additional fees or further documents are published by INPI in the weekly bulletin. Therefore, the weekly bulletin must be checked on a regular basis and this is one of the reasons for having a local attorney handling the process.
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What cannot be registered as a trademark in Brazil?
Trademarks that are not distinctive are not registrable. Generic trademarks cannot be registered either. Clearly descriptive trademarks like BEST FOOD for fruits is not registrable. Geographic indications are not registrable as trademarks. Personal names or signatures, family names or patronymic and images of third parties are not registrable, except with the consent of the owner or his/her estate.
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What types of trademarks can be protected in Brazil?
In Brazil, trademarks can be categorized as follows: 1) Work marks 2) Figurative trademarks consisting of drawings 3) Combined marks consisting of words and images (Called word and device mark) 4) 3D trademarks Most commonly filed trademarks are 1, 2 and 3.
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Do you provide a free trademark search in Brazil?
We provide a free basic trademark search. We strongly recommend to conduct a trademark clearance search.
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Can you file a trademark application yourself in Brazil?
Foreign applicants must be represented by a registered Brazilian trademark attorney.
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Are multi-class applications allowed in Brazil?
Multiple class registrations are possible in Brazil, however, they are not operational yet and, when they are, we must consider that the official fees for each extra class are the same ones as for an individual application. Considering this, local attorneys in many cases prefer individual applications (for each class) because an eventual denial in one application will not interfere directly in the other(s) by doing so.
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Is trademark use required for trademark registration in Brazil?
While use is not required for trademark registration, a trademark in Brazil may be cancelled by a third party on the basis of non-use it there has been no use for more than 5 years and if there have been no legitimate reasons excusing non-use. Cancellation can be filed only after 5 years counting from the granting and a request is submitted by an interested party only, not ex oficio by the BPTO, and with the payment of a corresponding fee.  The owner of a registered trademark has an onus of proving that the trademark has been in use for the past five years. The applicant should be capable to prove activity in the classes of the applications; however, the local representative will sign a declaration of such activity at the time of filing. It is not necessary to send a declaration at this time of filing. The Brazilian PTO, however, may ask proof of activity at any time after the application.
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How long is a trademark opposition period in Brazil?
A trademark opposition in Brazil may be filed by an interested party within 60 days from the date of its publication. Considering however that the opposition may take months to be published, usually we will know about it in about 06 months from its filing.
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How long is a Brazilian trademark valid for?
A trademark in Brazil is valid for 10 years from the registration date (not from the application date like in many other countries). It can be renewed every ten years by paying a renewal fee.
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What are the filing requirements for a Brazilian trademark?
We need the following information in order to prepare a trademark application in Brazil.

  • The full legal name of the applicant (either your company or your personal name)

  • The full address of the applicant.

  • The trademark name. If you are filing for a logo, we need to see the logo.

  • The products which you sell or plan to sell under your trademark (provide a list).

  • The services which you offer or plan to offer under your trademark (provide a list).

  • Power of attorney.

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What is Brazilian Trademark Office called?
Brazilian Trademark Office is called Brazilian Institute for Industrial Property (Instituto Nacional da Propriedade Industrial; INPI).
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Is power of attorney required in order to file a trademark in Brazil?
A power of attorney is necessary for trademark filing. We will provide a power of attorney for you. It is not necessary to legalize nor apostille the POA and a simple PDF copy will suffice.
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