The short answer
A Brazilian trademark lasts 10 years from the date the registration is granted, which is the date the grant is published, and can be renewed for further 10-year periods. File the renewal in the last year, or in the 6 months after expiry with an additional fee. Unlike most countries, Brazil publishes the application first, so third parties can oppose within 60 days of publication. A registration can lapse for 5 years of non-use, and a person abroad must keep an attorney domiciled in Brazil.
Trademark deadlines in Brazil at a glance
These periods come from the Industrial Property Law, Law No. 9.279 of 14 May 1996, in its current Portuguese text published on the Brazilian Presidency's Planalto website (translated here). The authority is the National Institute of Industrial Property (INPI). We re-check every deadline against the live text before we file.
| Question | Answer |
|---|---|
| How long does a registration last? | 10 years, renewable for equal successive periods (Article 133). |
| Which date does the term count from? | The date the registration is granted. The certificate is deemed granted on the date the grant is published (Articles 133 and 163), not on the filing date. |
| When can I renew? | File the renewal request during the last year of the registration, with proof of payment of the fee (Article 133, paragraph 1). |
| Is there a grace period? | Yes. If you miss the end date, you can still apply in the 6 months after, paying an additional fee (Article 133, paragraph 2). |
| Opposition period | 60 days from the publication of the application. The applicant is notified and can answer within 60 days (Article 158). |
| Reply to an examination requirement | 60 days. If you do not reply, the application is definitively shelved (Article 159). |
| Paying the grant fee | 60 days from the grant decision, with another 30 days on payment of a specific fee, or the application is definitively shelved (Article 162). |
| Priority claim | In the periods set by the agreement (6 months under the Paris Convention). Claim it when you file, and add earlier priorities within 60 days (Article 127). |
| Non-use lapse | On request of anyone with a legitimate interest, the registration lapses if, after 5 years from the grant, use has not started in Brazil or has been interrupted for more than 5 consecutive years. The owner has 60 days to respond (Article 143). |
| Nullity action | Brazilian law bars an action to declare nullity of the registration after 5 years from the grant (Article 174). |
| Representation | A person domiciled abroad must appoint and keep an attorney domiciled in Brazil (Article 217). |
Who can register a trademark in Brazil
Individuals and legal entities, public or private, can apply. Private persons can apply only for marks related to the activity they actually and lawfully carry on, directly or through companies they control, and they declare this in the application (Article 128).
Brazilian attorney required. A person domiciled abroad must constitute and keep an attorney qualified and domiciled in Brazil, with powers to represent them administratively and in court, including to receive service of process (Article 217).
Trademark registration process in Brazil
Search
- Search the INPI database for identical or similar marks in your classes.
File the application
- File with INPI through your Brazilian attorney. Claim priority at filing (Article 127).
Publication and opposition
- The application is published for opposition. Anyone can oppose within 60 days.
- If someone opposes, you can answer within 60 days (Article 158).
Examination
- After the opposition period, INPI examines the application. You have 60 days to answer any requirement (Article 159).
Grant and certificate
- If granted, pay the fees within 60 days of the decision, or 30 days more with an extra fee (Article 162).
- The certificate is deemed granted on the publication date, and the 10 years start then (Article 163).
Official fees are set by INPI and change. We confirm the current fee for your classes before we quote.
Brazil trademark validity and renewal
- The term is 10 years from the grant date, which is the date of publication of the grant.
- File the renewal in the last year of the term, with the fee.
- If you miss the end date, apply in the following 6 months with an additional fee.
- A renewal is not granted if the owner no longer meets the requirement of Article 128, that is, an effective and lawful activity.
Diarise from the grant publication date, not from the filing date. Brazilian applications can take years to be granted.
Assignment, licence and changes to a Brazilian trademark
Assignment
Transfer of a mark
An application or registration can be assigned if the assignee meets the legal requirements to apply (Article 134).
All similar marks
Assignment scope
The assignment must include all registrations or applications in the assignor's name for identical or similar marks for identical, similar or related goods or services, or the ones not assigned are cancelled or shelved (Article 135).
Recordal
INPI annotation
INPI records the assignment so it can be relied on by others (Article 136).
Attorney
Domiciled representative
A foreign owner must keep a Brazilian attorney on record (Article 217).
Lapse and non-use of a Brazilian trademark
Under Article 143, a registration lapses at the request of any person with a legitimate interest if, after 5 years from the grant, at the date of the request, use of the mark had not started in Brazil, or had been interrupted for more than 5 consecutive years, or the mark had been used with a change that alters its original distinctive character. The owner is notified and has 60 days to prove use or justify non-use for legitimate reasons. Use must cover the products or services in the certificate, or the registration partly lapses (Article 144).
Keep dated proof of use in Brazil: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Brazil
Search applications and registrations in INPI's trademark database and follow the Industrial Property Gazette (RPI). The publication date drives the 60-day opposition period, and the grant publication date starts the 10-year term.
Sources used
- Lei No. 9.279 of 14 May 1996 (Industrial Property Law), current Portuguese text on the Planalto website, translated for this guide: Articles 127, 128, 133 to 136, 143, 144, 158, 159, 162, 163, 174 and 217.
- INPI (Instituto Nacional da Propriedade Industrial) for fees, the database and the Gazette.
Brazil trademark FAQ
How long does a trademark last in Brazil, and from when?
10 years from the date the registration is granted, which is the date the grant is published (Articles 133 and 163).
When should I renew a Brazilian trademark, and is there a grace period?
Apply during the last year of the registration. You can also apply in the 6 months after expiry with an additional fee (Article 133).
What is the opposition period in Brazil?
60 days from the publication of the application (Article 158).
How much does it cost to register a trademark in Brazil?
The official fee is set by INPI and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Brazil?
Yes, but it must appoint and keep an attorney domiciled in Brazil (Article 217).
Can I assign a Brazilian trademark?
Yes, if the assignee meets the legal requirements. The assignment must cover all identical or similar marks in the assignor's name (Articles 134 and 135).
Can a Brazilian trademark lapse for non-use?
Yes, after 5 years from the grant if use has not started in Brazil or was interrupted for more than 5 consecutive years (Article 143).
How long do I have to answer INPI?
60 days to answer an examination requirement, or the application is definitively shelved (Article 159).
Can I claim priority from my home country?
Yes, in the periods set by the agreement (6 months under the Paris Convention), claimed at filing (Article 127).
How can I check a trademark in Brazil?
Use INPI's database and the Industrial Property Gazette. We can search for you.
Protect your brand in Brazil
SUPREMEiP® files trademarks worldwide through its network, working with Brazilian counsel, and checks every Brazilian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
