Skip to main content

Brazil's INPI Widens Batch Checks on Trademark Applicant Legitimacy: Classes 1/2/7/13/19 and More Now Face Office Actions — Individuals, MEI and Inactive CNPJ Beware

A magnifying glass over a trademark application linking a small shop icon to product icons, with a stamp bearing a question mark over the link — Brazil's INPI checking whether an applicant's business activity matches the claimed goods or services, issuing an office action if not

Brazil's IP office, the INPI, announced on 16 October that it is widening the batch 'merit office actions' (exigências de mérito em lote) under its Trademark Examination Optimization Plan, adding new categories aimed at checking the applicant's legitimacy. In short: across more Nice classes, the INPI will issue office actions in bulk requiring applicants to show that the business activity they declared matches the goods or services claimed.

## Which classes are newly covered

The expansion is organised into three situations; the exceptions for each class are set out in the INPI's annexed table:

  • Whole classes (every application in the class gets an office action): on top of the existing classes 3 (cosmetics) and 5 (medicines), now classes 1 (chemicals), 2 (paints and varnishes), 7 (machines and motors), 13 (arms and ammunition) and 19 (construction materials).
  • Whole classes with exceptions: classes 4 (industrial oils and fuels), 10 (surgical, medical, dental and veterinary apparatus), 11 (lighting, heating and cooling apparatus), 12 (vehicles) and 34 (tobacco, cigarettes and cigars), each with its own carve-outs.
  • Selected activities (largely regulated services): specific services in classes 36 (banking and insurance), 37 (mining, well-drilling and shipbuilding), 38 (telecoms), 39 (energy, water and space transport), 40 (energy production and pharmaceutical manufacturing), 41 (universities and colleges, betting, zoos and amusement parks) and 44 (hospital and clinical-analysis services), especially regulated, complex or qualification-dependent ones.

Why legitimacy is the focus

The legal basis is Article 128(1) of Brazil's Industrial Property Law (Law 9,279/1996): a private party may only register a trademark tied to an activity it actually and lawfully carries on, directly or through companies it controls. On that basis, during substantive examination the INPI checks whether the declared activity matches the goods or services claimed; where in doubt, it issues an office action requiring proof — company bylaws, business records, service contracts, advertising material and the like; for individuals, a profession or professional-body registration, or any other adequate evidence. The expanded plan also reaches applicants whose CNPJ (company tax ID) is inactive.

Who is most affected, and what to do

The sharpest impact falls on applications filed by individuals or micro-entrepreneurs (MEI) in the classes above, on a single party filing many applications across many classes, and on applicants with an inactive CNPJ. These batch office actions are not a new rule — they have been going out since 10 February 2026; this step widens their reach.

J&C recommends getting the 'legitimacy' point right before filing in these classes in Brazil: make sure the applicant's business scope (bylaws/CNAE, or an individual's professional qualification) lines up with the goods or services claimed; if you outsource production, keep evidence that you actually carry on the activity; and reactivate an inactive CNPJ, or file through a qualified entity, in time. An office action must be answered with proof within 60 days of publication (Article 159 IPL), or the application may be deemed abandoned.

Source: www.gov.br | www.gov.br

Get the latest insights by email

The content in this section is provided for general reference only and does not constitute legal advice or formal service recommendations. For any specific matter, please consider the particular facts of your case and refer to the latest laws, policies, and practices of the relevant authorities.