Published on October 23, 2026.
Many companies find out they do not own their own name at the worst possible moment: when a notice arrives asking them to stop using it. In Brazil, a trademark belongs to whoever registers it with the INPI, the Brazilian patent and trademark office, and whoever started using it first has only limited, short-lived protection. Knowing this rule before investing in signage, a website, packaging and advertising avoids what can be a large loss.
Whoever registers first gets the trademark
Brazil’s Industrial Property Law says that ownership of a trademark is acquired through registration validly issued, which guarantees the owner exclusive use throughout the national territory (Law 9.279/1996, art. 129). The INPI examines applications in the order they were filed. If someone else applies earlier for an identical or similar name in the same field, the later application tends to be refused, because the law prohibits registering a mark that reproduces or imitates someone else’s mark for an identical, similar or related product or service when there is a risk of confusion (art. 124, XIX).
Those who were already using the mark have some protection, but it is narrow. A person who in good faith had been using an identical or similar mark in Brazil for at least six months on the date of the competitor’s filing has a right of precedence to registration (art. 129, § 1). This right must be exercised in the other party’s proceeding, usually through an opposition, which has a deadline of 60 days from publication of the application in the INPI journal (art. 158). Those who do not follow the publications often miss this deadline without noticing.
A company registration number, domain or social media profile does not secure the trademark
Registering the company with the Commercial Registry protects the business name, and that protection applies within the state where it was made (Civil Code, art. 1.166). A company from another state may, in theory, apply for the same name as a trademark at the INPI. Website domains and social media profiles follow each platform’s rules and also give no exclusivity over the trademark.
The law prohibits registering as a trademark a characteristic element of a third party’s business name capable of causing confusion (art. 124, V). This rule helps in some cases, but the dispute is usually longer and less certain than defending a registration you already hold.
What a company can lose without registration
When someone else registers first, the owner can demand that the company stop using the mark and seek damages in court (art. 209). The law also treats reproducing or imitating a registered trademark as a crime (art. 189). On top of the lawsuit comes the cost of changing the name: signage, website, profiles, packaging, uniforms, menus, advertising material and, in many cases, the loss of the recognition customers had.
The risk also runs the other way. Without registration, a company has little basis to stop a competitor from using a similar name and riding on the reputation it built. And it lacks an asset the law allows to be assigned and licensed: the owner or applicant can transfer the application or registration and sign a license agreement, which matters in franchises, partnerships and the sale of the business (arts. 130, 134 and 139).
How the INPI application works
Prior search. First, the INPI database is searched for identical or similar marks in the same field. The search does not guarantee the outcome, but it shows the risk and avoids paying for an application with little chance.
Form and classes. A word mark protects the name written in any form. A combined mark protects the name together with the logo design, and a figurative mark protects only the design. Each form is a separate application. Protection applies to the classes of goods or services indicated, under the Nice Classification, and choosing the wrong class leaves the company’s real activity uncovered.
Applicant requirements. Private individuals and companies may only apply for a mark related to the activity they actually and lawfully carry out, directly or through a company they control (art. 128, § 1). That is why it is important to decide carefully whether the application is filed in the company’s name or the partner’s.
Filing and publication. The application is filed through the e-Marcas system after paying the fee. After the formal examination, it is published in the Industrial Property Journal and the 60-day opposition period opens. Then comes the substantive examination, which ends with approval or refusal.
Certificate and term. For applications filed from August 7, 2025, the fee paid at the start already covers the first ten-year period, and the INPI fee schedule provides for no charge for grant and issuance of the certificate. Registration lasts 10 years from grant and can be renewed for equal, successive periods. Renewal must be requested in the last year of the term, with a six-month grace period upon payment of an additional fee (art. 133, §§ 1 and 2).
Mandatory use. Five years after grant, any interested party may request cancellation of the registration for non-use if the mark is not in use in Brazil, if use was interrupted for more than five consecutive years or if the mark is used with a change that alters its distinctive character (art. 143).
How much it costs
The application fee is charged per class. Under the official INPI fee schedule, checked on 10/23/2026:
- application with a pre-approved specification (code 389): BRL 880.00, or BRL 440.00 with discount;
- application with a free-text specification (code 394): BRL 1,720.00, or BRL 860.00 with discount;
- renewal of the registration within the ordinary period (code 374): BRL 1,000.00, or BRL 500.00 with discount;
- opposition against a third party’s application (code 332): BRL 520.00, or BRL 260.00 with discount.
The 50% discount applies to individuals with no stake in a company in the application’s field, individual micro-entrepreneurs (MEI), micro and small businesses, simple innovation companies, scientific and technological institutions, non-profit entities and public bodies. Low-income individuals and people with disabilities get a full discount on entry services, such as codes 389 and 394. If there is more than one owner, the discount only applies if all are entitled to it.
The most costly mistakes
The first is choosing a generic name or one that merely describes the product, such as the nature, quality or origin of what is sold. The law does not allow registration of a generic, necessary, common, ordinary or simply descriptive sign, unless it has a sufficiently distinctive form (art. 124, VI). Creative names are easier to register and defend.
The second is applying in the wrong class or with a list of services that does not match what the company does. The third is registering and then changing the name or logo without a new application, which can leave the version in use unprotected and open the door to cancellation for non-use. The fourth is forgetting the renewal in the tenth year.
Frequently asked questions
Do I need a lawyer to register a trademark?
The law does not require one. The applicant can file with the INPI directly. Anyone acting through an agent must submit a power of attorney, which does not need notarization and can be filed within 60 days of the application, or the application is permanently archived (art. 216, §§ 1 and 2). The lawyer’s work lies in the prior search, choosing the form and classes, following the journal and responding to requirements and oppositions.
How long does it take?
It depends on the INPI examination queue at the time of filing. The opposition phase alone takes 60 days after publication, and the substantive examination follows. Throughout the period, the weekly INPI journal must be monitored so as not to miss deadlines.
Can I use the mark while the application is being examined?
Yes. From filing, the law guarantees the applicant the right to assign the application, license its use and protect the mark’s material integrity and reputation (art. 130). Full exclusivity comes with the grant of registration.
Does a Brazilian registration protect the mark in other countries?
No. Protection under a Brazilian registration applies within Brazil. For other countries, you must apply in each one or use the Madrid Protocol, enacted in Brazil by Decree 10.033/2019, which allows an international application based on the INPI application or registration.
I have been using the mark for years. Do I still need to register it?
Yes. Prior good-faith use gives a right of precedence, but it depends on reacting in the competitor’s proceeding and within the deadline. With registration, the company no longer depends on that and has exclusivity throughout the country.
Sources
- Law 9.279/1996, Industrial Property Law, arts. 124, 128, 129, 130, 133, 134, 139, 143, 158, 189, 209 and 216 (Planalto, in Portuguese) (accessed on 10/23/2026)
- Law 10.406/2002, Civil Code, art. 1.166 (Planalto, in Portuguese) (accessed on 10/23/2026)
- INPI, trademark service fee schedule (in Portuguese) (accessed on 10/23/2026)
- Decree 10.033/2019, enacting the Madrid Protocol (Planalto, in Portuguese) (accessed on 10/23/2026)
By Sidnei Pedro Dias, lawyer, OAB/GO 48.603, OAB/DF 68.207 and OAB/SP 501.693.
Related pages
Trademark registration: prior search, INPI application and follow-up until the certificate.
Stage name registration: singers, bands, DJs and creators protected at the INPI.
Business law: contracts, partnerships and business protection.
Contracts: trademark licenses, franchises and partnerships.
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