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Country trademark guide · Updated

Trademark registration in Brazil

File with Brazil's National Institute of Industrial Property (INPI) or designate Brazil through Madrid. Foreign applicants must appoint an agent domiciled in Brazil and file the power of attorney within 60 days, or the application is shelved. Each direct application covers one class; since 20 September 2025, the filing fee includes the first 10 years.

Order online · Brazil trademark registration

Enter the mark, classes and applicant; an agent quotes after you submit. Once you accept the quote you pay online and can follow progress in your account.

Key facts

Trademarks in Brazil: key facts

OfficeBrazil's National Institute of Industrial Property (Instituto Nacional da Propriedade Industrial, INPI), a federal autonomous agency linked to the Ministry of Development, Industry, Trade and Services. Website and search links: IP Toolbox.
LawIndustrial Property Law (Law No. 9.279/1996); INPI Ordinance No. 08/2022 (trademark procedure) and INPI's Trademark Examination Manual
How rights ariseExclusive rights arise from registration; anyone who has used an identical or similar mark in Brazil in good faith for at least 6 months before the filing (or priority) date has a preferential right to register
Madrid SystemParty to the Protocol since 2 October 2019; 18-month refusal period, and refusals based on an opposition can be issued after 18 months; Brazil does not process the division or merger of international registrations
One class per applicationDirect applications to INPI can cover a single class only, because INPI's online system has not yet opened multi-class filing; an international registration designating Brazil can cover several classes
Language and agentPortuguese; applicants domiciled abroad must appoint an agent domiciled in Brazil with powers to receive service of process, and file the power of attorney within 60 days of the first act
Opposition (statutory)Within 60 days of publication in the Industrial Property Gazette (Revista da Propriedade Industrial, RPI, published every Tuesday); the applicant has 60 days to reply to an opposition
Office action response (statutory)60 days; without a reply, the application is definitively shelved; a refusal can be appealed within 60 days
Examination time (official statistics)In 2025, from filing to publication of the decision: median of about 18.3 months without opposition and about 34.4 months with opposition (INPI 2026 Action Plan)
Grant and certificateFor applications filed from 20 September 2025, the certificate is issued automatically on grant; the first 10 years of protection are included in the filing fee, with nothing more to pay
Term and renewal10 years from the grant of registration, renewable for 10 years at a time; renew during the final year, or within 6 months after expiry with a surcharge
Non-useIf use in Brazil has not started 5 years after grant, or has been interrupted for more than 5 consecutive years, anyone with a legitimate interest can request cancellation, also in part
Filing feePer class: BRL 880 with the pre-approved list, BRL 1,720 with free-text wording (in force since 20 September 2025); the 50% reduction does not apply to foreign companies

Checked on 2026-10-06; general information only — the office's published rules and fees prevail.

Which route

Direct filing or a Madrid designation

Both routes lead to a Brazilian registration with the same effect. They differ in how classes are handled, when a Brazilian agent is needed, how oppositions are notified and how fees are structured.

ItemDirect filing with INPIMadrid designation of Brazil
PrerequisiteNoneA basic application or registration at your office of origin
Official feesIn Brazilian reais, per class, paid to INPI; includes the first 10 years of protection, with nothing to pay on grantBasic fee and Brazil's individual fee (in Swiss francs; see the WIPO fee calculator) paid to the World Intellectual Property Organization (WIPO)
ClassesOne class per application; several classes need several applicationsOne international registration can designate several classes; Brazil examines each class and can grant protection in part
Goods and servicesWith INPI's pre-approved list, the classification is not rechecked, but the list cannot be amended after filing; use free text only for items not on the listFollows the international registration, already classified by WIPO; INPI can still raise objections to overly broad wording
Brazilian agentNeeded from filing; if the power of attorney is not filed within 60 days, the application is definitively shelvedNot needed to designate Brazil; needed to reply to an opposition, answer an office action or appeal before INPI
Opposition noticeYour agent monitors the gazette, where oppositions are publishedOppositions are published only in the Brazilian gazette, not notified through WIPO; you or a Brazilian agent must monitor it
Examination and refusal deadlinesNo statutory examination deadline; see the official statistics in the key factsBrazil must issue refusals within 18 months; refusals based on an opposition can come later
Marks in Chinese charactersExamined and protected as a figurative markLikewise treated as a figurative or composite mark
Dependency riskNoneIf the basic application or registration is refused or cancelled within 5 years, the Brazilian designation falls with it (it can be transformed into a Brazilian national application within the set time limit)
Best forYou only need Brazil; few classes; you have no home filing to rely onYou already have a home filing and want protection in several countries or several classes

If you are filing across Latin America, compare Trademark registration in Mexico: both countries can be designated together through Madrid, but a direct Mexican application is also limited to one class, and Mexico requires a declaration of use after registration. For a general comparison of the two approaches, see Madrid designation or direct national filing: which one fits your case.

Not sure? Run a free search first, then submit an order online; the agent will recommend a route based on the search results.

What to prepare

Documents checklist

For a direct application to INPI, prepare the following information and documents. No evidence of use is needed at filing.

Applicant

  • Name, nationality and address (for a company, its full legal name as registered, in Latin characters)
  • A declaration of activity: you must actually and lawfully carry on business related to the goods or services applied for, directly or through companies you control, and declare this in the application form
  • For joint applicants, each must meet this condition, and they act together or through the same agent

The mark

  • A representation of the mark; a mark made up only of Latin letters and numbers, with no design, can be filed as a word mark
  • A mark in Chinese characters is filed as a figurative mark, protecting the characters' appearance; if you state the word they represent and a significant part of local consumers can read it, it is treated as a composite mark
  • Figurative and composite marks need their figurative elements coded under the Vienna Classification; see Vienna Classification of figurative elements

Goods and services

  • Goods or services of a single class only, under the edition of the Nice Classification in force in Brazil
  • Choose from INPI's pre-approved list where possible: the classification is then not rechecked, but a list filed this way cannot be amended later
  • Use free text only for items not on the list, in clear and specific terms; vague wording is deleted or draws an office action

Priority

  • File in Brazil within 6 months of your first filing abroad, claiming priority at filing
  • The priority document (showing the application number, date and representation of the mark) with a simple translation, at filing or within 4 months of the filing date; otherwise priority is lost

Representation

  • Appoint an agent domiciled in Brazil; the power of attorney must authorise the agent to receive service of process
  • The power of attorney must be in Portuguese, or the original accompanied by a translation; neither consular legalisation nor notarisation of the signature is needed
  • File it with the application or within 60 days afterwards, without waiting for notice from INPI; otherwise the application is definitively shelved

Attachments in a foreign language need a simple translation, filed with the application or within the next 60 days, or they are disregarded. A mark containing another person's name, image or signature, or a copyright-protected work, needs the right holder's consent.

How long

Process and timeline

Example: a direct application with no opposition. Periods marked "statutory" are set by law; those marked "official statistics" are figures published by INPI.

  1. Step 1

    Clearance search (recommended)

    Search for similar earlier marks, split the filing by class and pick the goods and services from INPI's pre-approved list

  2. Step 2

    Filing

    File through INPI's online system and pay the fee; the time of filing is the filing date. Power of attorney within 60 days (statutory)

  3. Step 3

    Formal examination and publication

    Once the formalities are cleared, the application is published in the gazette; oppositions within 60 days of publication (statutory)

  4. Step 4

    Substantive examination

    Examination follows the opposition period; replies to an opposition and answers to office actions are due within 60 days (statutory)

  5. Step 5

    Decision

    In 2025, from filing to decision: about 18.3 months without opposition and about 34.4 months with one (official statistics, median)

  6. Step 6

    Grant and certificate

    The certificate is issued automatically on grant, with no further fee; the date the grant is published is the registration date, and protection lasts 10 years; a refusal can be appealed within 60 days (statutory)

The official statistics are INPI's actual 2025 figures, published in its 2026 Action Plan and measured as medians from the filing date to publication of the decision in the gazette. INPI's 2026 target is 10 months for unopposed applications; actual progress depends on the figures it publishes for the year. Statutory periods run from the first business day after the gazette is published and are counted in consecutive calendar days.

How to read the periods: "statutory" = set by law; "official statistics" = averages published by the office; "estimate" = typical cases. Actual timing varies.

How much

Official fees

Official fees are in Brazilian reais and charged per class; since a direct application can cover only one class, in practice you file one application and pay one fee per class. Since 20 September 2025, the filing fee includes the first 10 years of protection and the certificate, with nothing to pay on grant. The table below shows INPI's current fees.

ItemChargedAmountApprox. USD
Paid on filing
Application fee (one application per class, using INPI's pre-approved list of goods and services; includes the first 10-year term and certificate)Per class880 BRL≈ USD 186
Payable when applicable
Application fee (one application per class, free-text specification, replaces the line above; includes the first 10-year term and certificate)Per class1,720 BRL≈ USD 363
Response to an office action (each)Per application180 BRL≈ USD 38
Reply to an opposition (each)Per application180 BRL≈ USD 38
Appeal against refusal (per class)Per class700 BRL≈ USD 148
Keeping the registration
Renewal fee (every 10 years, per class, during the last year of the term)Per class1,000 BRL≈ USD 211
Renewal in the grace period (within 6 months after expiry, per class)Per class2,000 BRL≈ USD 422

Source: Instituto Nacional da Propriedade Industrial (INPI), Tabela de Retribuições – Marcas, código 389 (Portaria INPI/PR nº 10/2025);Instituto Nacional da Propriedade Industrial (INPI), Tabela de Retribuições – Marcas, código 394 (Portaria INPI/PR nº 10/2025);Instituto Nacional da Propriedade Industrial (INPI), Tabela de Retribuições – Marcas, código 340 (Portaria INPI/PR nº 10/2025);Instituto Nacional da Propriedade Industrial (INPI), Tabela de Retribuições – Marcas, código 339 (Portaria INPI/PR nº 10/2025);Instituto Nacional da Propriedade Industrial (INPI), Tabela de Retribuições – Marcas, código 3000 (Portaria INPI/PR nº 10/2025);Instituto Nacional da Propriedade Industrial (INPI), Tabela de Retribuições – Marcas, código 374 (Portaria INPI/PR nº 10/2025);Instituto Nacional da Propriedade Industrial (INPI), Tabela de Retribuições – Marcas, código 375 (Portaria INPI/PR nº 10/2025) · current fees in force since 2025-09-20 · checked on 2026-10-07 · USD figures are approximate, converted at the Bank of China selling rate (spot; cash rate where no spot rate is published; the central bank's USD rate for currencies it does not quote); the official fee is the amount in the original currency

Official fees are as published by the office; the service fee is quoted by an agent after you submit, and you pay only after accepting the quote.

Example: to protect a mark in 2 classes, you file 2 applications. With all goods taken from INPI's pre-approved list, official fees are BRL 880 × 2 = BRL 1,760; with free-text wording, BRL 1,720 × 2 = BRL 3,440. Nothing more is due on grant; renewal after 10 years costs BRL 1,000 per class.

Answering an office action or replying to an opposition costs BRL 180 each time; appealing a refusal costs BRL 700 per class. INPI's 50% reduction for individuals, micro and small companies registered in Brazil and certain other groups does not apply to foreign companies, which pay in full.

Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

Watch out

Rules specific to Brazil and common refusals

These are the most common issues in Brazilian examination, along with Brazilian rules that are easy to overlook.

A Brazilian agent is mandatory; a late power of attorney shelves the application

Applicants domiciled abroad must appoint an agent domiciled in Brazil with powers to receive service of process; failing to maintain one can also cause the registration to lapse. The power of attorney must be in Portuguese and reach INPI within 60 days of filing; INPI sends no reminder, and if it is late the application is definitively shelved, with no appeal. No consular legalisation or notarisation is needed, so sign it and send it to your agent early.

One class per direct application; the goods list is hard to change

INPI's online system has still not opened multi-class filing, so several classes need separate applications and fees. INPI does not accept amendments to a list taken from its pre-approved list; with free-text wording, vague terms or terms outside the class are deleted or must be corrected. Settle the goods and services for each class before filing.

Marks in Chinese characters are protected only as figurative marks

Brazil treats Chinese characters as figurative elements: a mark consisting only of Chinese characters protects their appearance, not their pronunciation or meaning, and a Chinese-character mark designated through Madrid is likewise treated as a figurative or composite mark. If you sell to Brazilian consumers, also file a version in Latin letters or in Portuguese.

Madrid designations: oppositions appear only in the gazette

Brazil publishes oppositions only in the Industrial Property Gazette, which comes out every Tuesday, and does not notify the holder of the international registration through WIPO. Without a Brazilian agent watching the gazette, you can miss the 60-day reply period; replies to oppositions, answers to office actions and appeals must all be filed directly with INPI by a Brazilian agent.

Squatting: an opposition must be backed by your own application

An owner not yet registered in Brazil who opposes or seeks invalidation on the grounds of a well-known mark, or because the applicant knew of the owner's mark, must file its own application with INPI within 60 days, or the action is not admitted. If an agent or representative registers the mark in its own name without authorisation, you can sue to have the registration transferred to you; good-faith use in Brazil for at least 6 months before the filing date gives a preferential right to register.

Related business required; non-use after 5 years invites cancellation

You can only apply for goods and services related to business you actually and lawfully carry on, including through companies you control; INPI can ask for an explanation if it has reasonable doubt, and the same applies on renewal. If use in Brazil has not started 5 years after grant, or has been interrupted for more than 5 consecutive years, anyone with a legitimate interest can request cancellation, and the owner must prove use within 60 days; goods on which the mark is not used can be cancelled.

After registration

Keeping the registration

A Brazilian registration lasts 10 years from grant. During that time you must keep using the mark and renew on time, and a foreign owner must keep a Brazilian agent throughout.

WhenWhat to doOfficial fee
Within 180 days of publication of the grantThird parties can ask INPI to declare the registration invalid, and the owner replies within 60 days of notice; after that, invalidity can only be sought before the federal courts, within 5 years of grantThe invalidity fee is paid by the requester
From 5 years after grantKeep using the mark in Brazil; if cancellation for non-use is requested, file evidence of use or a valid reason within 60 daysBRL 180 per reply
During the final year, every 10 yearsRenew; on renewal, the owner must still carry on the related businessBRL 1,000 per class
Within 6 months after expiryRenewal is still possible at double the fee; if it is not renewed by then, the registration lapsesBRL 2,000 per class
Madrid: every 10 years for the international registrationRenew the international registration with WIPO; the Brazilian designation is renewed with itWIPO fees
Any timeAssignments, licences and pledges must be recorded with INPI and take effect against third parties once published; an assignment must include all identical or similar marks for the same or similar goods or services, or those not assigned are cancelledBRL 170 per assignment recordal

Use must match the registered form of the mark; use that alters its distinctive character may not count. Use by a licensee counts as use by the owner, and a licence not recorded with INPI can still serve as evidence of use; keep invoices, customs declarations, advertising and online shop pages.

Brazilian customs can seize goods bearing counterfeit or imitated marks during inspection, on its own initiative or at the owner's request; e-commerce brand registries also usually require a registered or pending trademark.

FAQ

Trademark registration in Brazil

How much does a Brazilian trademark cost?

Official fees are per class, and a direct application can cover only one class: BRL 880 per class with goods from INPI's pre-approved list, or BRL 1,720 per class with free-text wording. Since 20 September 2025, this includes the first 10 years of protection and the certificate, with nothing to pay on grant; renewal after 10 years costs BRL 1,000 per class. The 50% reduction applies only to individuals, micro and small companies registered in Brazil and similar groups; foreign companies pay in full. Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

How long does trademark registration take in Brazil?

INPI's 2025 figures, published in its 2026 Action Plan: from filing to decision, the median was about 18.3 months for unopposed applications and about 34.4 months for opposed ones. The statutory milestones are a 60-day opposition period after publication, 60 days for the applicant to reply to an opposition and 60 days to answer office actions. INPI's 2026 target is 10 months for unopposed applications; actual progress depends on the figures it publishes for the year.

Can one Brazilian application cover several classes?

Not for a direct application to INPI at present. Brazilian rules already provide for multi-class applications, but INPI's online system has not opened them, so each application can cover a single class, and several classes are filed and paid for separately. If you designate Brazil through Madrid, one international registration can cover several classes; INPI examines each class and can grant protection in part. Brazil does not process the division or merger of international registrations.

Do I need a Brazilian agent, and must the power of attorney be notarised?

Yes, an applicant domiciled abroad must appoint an agent domiciled in Brazil, and the power of attorney must authorise the agent to receive service of process. It must be in Portuguese (or the original accompanied by a translation); the law expressly waives consular legalisation and notarisation of the signature, but it must reach INPI within 60 days of filing, or the application is definitively shelved. The application must also declare that you carry on business related to the goods or services.

Can I register a mark in Chinese characters in Brazil?

Yes, but Brazil examines Chinese characters as a figurative mark, protecting their appearance, not their pronunciation or meaning; if you state the word they represent and a significant part of local consumers can read it, the mark is treated as a composite mark. Portuguese is the language of the Brazilian market, so if you sell to local consumers, also file a version in Latin letters or in Portuguese, and use it as registered.

Which office handles trademarks in Brazil, and how do I check a mark?

The trademark office is Brazil's National Institute of Industrial Property (INPI). INPI's website offers a free trademark database that you can search by mark, application number or owner; publications, oppositions and all deadlines follow the Industrial Property Gazette (RPI), published every Tuesday. To check the risk of similar marks before filing, use the free search on this page.

Other IP rights

Patents: Brazilian invention patents last 20 years from the filing date and utility models 15 years from the filing date; the former rule guaranteeing at least 10 years from grant was repealed in 2021. Brazil has been a PCT member since 9 April 1978.

Designs: protected for 10 years from the filing date, renewable for 3 further periods of 5 years each, up to 25 years in total; Brazil has been party to the Hague Agreement since 1 August 2023, so Brazil can be designated through the Hague System.

Patent applications are handled through an affiliated patent agency.

Other countries and territories in the region

Mexico · Argentina · Chile · Colombia · Peru · Bolivia

Downloads

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Order online · Brazil trademark registration

Enter the mark, classes and applicant; an agent quotes after you submit. Once you accept the quote you pay online and can follow progress in your account.

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