TRADEMARK REGISTRATION FLOWCHART IN BRAZIL

Work with expert trademark lawyers throughout the entire process to maximize your likelihood of achieving successful trademark registration in Brazil.

See the detailed flowchart of the trademark registration process at the Brazilian PTO.

Click on the steps to learn more.

Estudo prévio com parecer exclusivo para verificar a viabilidade do Registro da Marca.

We recommend that you do research at the Brazilian PTO before requesting registration.

Até 6 meses, do Pedido de Registro, é possível solicitar a marca no exterior com prioridade unionista.

We prepare the documentation and file your trademark at Brazilian PTO (INPI). Legal fees are included in our price.

Até 60 dias, a partir da publicação do pedido, para que terceiros possam se opor.

Up to 60 days from the publication of the application, for third parties to object.

Brazilian PTO Analysis

Applications are analyzed within 12 months. If there is opposition, the deadline is 18 months.

Até 60 dias, para recorrer da decisão de indeferimento

Até 60 dias, para recorrer da decisão de indeferimento

Up to 60 days to pay the fee and issue the registration certificate.There is an extra 30 days.

Up to 60 days to appeal the rejection decision.

Rejection appeal

If the appeal’s arguments are not accepted, the process is definitively archived. Going to court may be an alternative.

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Appeal Accepted

Trademark Granting

Brazilian PTO (INPI) grants the Trademark right for 10 years. 

Até 180 dias para que terceiros possam apresentar Pedido de Nulidade da Marca.

Up to 180 days for third parties to file a Trademark Nullity Request.

Até 60 dias, a partir da publicação do Pedido de Nulidade, para que o titular da marca possa se manifestar.

After 5 years of Granting, third parties may request proof of use.

Até 60 dias, a partir da publicação do Pedido de Nulidade, para que o titular da marca possa se manifestar.

From the last year of validity of the trademark, an extension must be made for more 10 years.

Steps for trademark registration

01. Trademark Application

It is the filing of the trademark at the INPI. At this stage, INPI can formulate formal requirements. At this time, the INPI does not analyze the merits of the application (whether the trademark can be registered or not) but whether the documents are correct. Thus, if there is any formal requirement on the part of the INPI, it must be fulfilled within 5 days!

02. Trademark Publication

It is the communication to the public that the trademark has been filed, so that third parties who feel aggrieved can present a statement against the trademark registration application (opposition). The term is up to 60 days.

03. Allowance

It is the decision of acceptance of the mark by the INPI. Furthermore, it is necessary to pay the approval fee to demonstrate interest in granting the trademark. Thus, without this payment, the process is ARCHIVED and the trademark is definitively cancelled.

03.1. Rejection

It is the decision to deny the trademark by the INPI. An Appeal against the Rejection can be made against this decision of REJECTION. In this appeal, you must present the arguments for the INPI to change its opinion. Failure to file an Appeal against this decision by the INPI will result in the ARCHIVING of the trademark.

04. Granting

Trademark concession and issuance of the registration certificate valid for 10 years.

05. Caducity (Proof of Use Requiremet)

After the 5-year Granting period, other companies or individuals interested in the trademark may request the Caducity of their process. If this happens, you must provide proof of use of your trademark within 60 days. If use is not proven, the process is archived and the trademark is available for others to register.

06. Trademark renewal

Every 10 years of validity, the brand must be EXTENDED. Failure to pay will result in the EXTINCTION of the trademark registration.

Etapas possíveis no fluxograma
de registro de marca no INPI

Opposition

As of the publication, a period of 60 days opens for the presentation of an Opposition appeal by third parties. In the event of opposition, the trademark holder may present its defense through an Opposition Manifestation Appeal.

Nullity

Administrative Nullity Request – May be proposed by third parties interested in canceling the trademark registration, within 180 days from the date of the Granting. Against this appeal, the holder may file an Appeal against the Administrative Nullity Request in his defense.