Building a business in Brazil without protecting your brand is a risk many foreign entrepreneurs underestimate. Trademark registration through INPI (Instituto Nacional da Propriedade Industrial) gives you exclusive rights to your brand name, logo, or slogan within the country. Without it, someone else could legally register your brand and force you to rebrand entirely.

Why Trademark Registration Matters in Brazil

Brazil follows a first-to-file system, not a first-to-use system. This means the entity that registers a trademark first holds the rights, regardless of who used it first in the market. This is fundamentally different from countries like the United States, where prior use carries significant legal weight.

Real Consequences of Not Registering

• A competitor can register your brand name and demand you stop using it
• You cannot take legal action against counterfeiters or imitators without a registered trademark
• You lose the ability to license your brand or use it as collateral for financing
• E-commerce platforms may remove your listings if someone else holds the registered trademark

Types of Trademarks in Brazil

INPI recognizes several trademark categories:

Type	What It Protects	Example
Nominativa	The brand name (text only)	“SedeFiscal”
Figurativa	A logo or graphic design (no text)	A symbol or icon
Mista	Combination of name and logo	Name with a specific graphic treatment
Tridimensional	A distinctive 3D product shape	The shape of a specific bottle

For most businesses, a marca mista (mixed mark) offers the broadest protection because it covers both the name and its visual presentation.

The Registration Process Step by Step

Step 1: Conduct a Prior Search

Before filing, search the INPI database to check if your desired trademark is already registered or if similar marks exist in the same class. This search is free on the INPI website and can save you the filing fee if conflicts are found.

Step 2: Classify Your Trademark

Trademarks are registered by class according to the Nice Classification system. You must select the class or classes that correspond to your products or services. For example:

• Class 35: Advertising, business management, office functions
• Class 42: Scientific and technological services, software development
• Class 36: Insurance, financial affairs, real estate

Each additional class requires a separate filing and fee.

Step 3: File the Application

Applications are submitted online through the INPI e-Marcas system. You will need:

• A CNPJ or CPF
• GRU (federal payment slip) for the filing fee
• A clear representation of the trademark
• List of products or services covered
• Power of attorney (if filing through a representative)

Step 4: Formal Examination

INPI reviews the application for formal compliance within approximately 2 to 4 months. If anything is missing or incorrect, you receive a notification (exigencia) and have 60 days to respond.

Step 5: Publication and Opposition Period

Once the formal requirements are met, the trademark is published in the Revista da Propriedade Industrial (RPI). From the publication date, third parties have 60 days to file an opposition if they believe the registration infringes on their rights.

Step 6: Substantive Examination

After the opposition period, INPI conducts a substantive examination to evaluate whether the trademark is distinctive enough and does not conflict with existing registrations. This is the longest phase and can take 12 to 24 months.

Step 7: Grant of Registration

If approved, you must pay the first decade of protection fee within 60 days. Once paid, INPI issues the registration certificate, and your trademark is protected for 10 years, renewable indefinitely.

Costs Breakdown

Fee	Standard Rate	Reduced Rate*
Filing fee (per class)	R$ 355	R$ 142
First decade protection	R$ 745	R$ 298
Renewal (every 10 years)	R$ 745	R$ 298
Opposition response	R$ 355	R$ 142

*Reduced rates apply to MEI, individual entrepreneurs, cooperatives, and educational or research institutions.

Timeline Overview

The total process from filing to registration typically takes:

• Best case: 12 to 18 months
• Average: 18 to 24 months
• With complications: 24 to 36+ months

This extended timeline makes early filing essential. Do not wait until your brand is established in the market to begin the process.

Can Foreigners Register Trademarks in Brazil?

Yes. Foreign individuals and companies can register trademarks with INPI. If the applicant does not have a domicile in Brazil, they must appoint a Brazilian attorney or representative to handle the process.

Importantly, having a business address in Brazil strengthens your trademark application. A SedeFiscal fiscal address can serve as your company’s domicile for intellectual property purposes, demonstrating your established presence in the country.

Protecting Your Brand Internationally

Brazil is a signatory to the Madrid Protocol, which allows you to extend a Brazilian trademark registration to other member countries through a single international application. Conversely, if you already hold a trademark registration in another Madrid Protocol country, you can extend it to Brazil.

Common Mistakes to Avoid

• Filing too late: In a first-to-file system, delays can cost you your brand
• Choosing a generic or descriptive name: INPI will reject trademarks that merely describe the product or service
• Not monitoring the RPI: After registration, you must watch for similar filings and file oppositions when necessary
• Forgetting to renew: Registrations expire after 10 years. Missing the renewal window can result in losing your trademark
• Registering in only one class: If your business spans multiple sectors, register in all relevant classes

Practical Recommendations

Start the trademark registration process as soon as you register your CNPJ, or even before if you are still in the planning phase. Engage a specialized intellectual property attorney or your accountant to handle the filing. The investment is modest compared to the cost of rebranding or losing legal battles over your own name.

With your company registered at a SedeFiscal address and your trademark filed with INPI, you establish both a physical and legal presence in Brazil that protects your business for the long term.

← Back to blog