Country：巴西 · Intellectual Property
Brazil · Intellectual Property
Brazilian intellectual property is administered by INPI. Trademarks, patents, industrial designs, and geographical indications all require local registration (foreign rights are not automatically recognized). Important relief: since 2025-09-20, INPI has implemented a trademark fee reform, switching to a one-time payment (pre-approved list classes R$880/class, free-text R$1,720/class), simplifying the process. Brazil joined the Madrid Protocol in 2019-10 and can designate Brazil via international registration (base fee CHF 251/class + Brazil fee). Trademarks are valid for 10 years and must prove use from the 5th year onward (use requirement), and can be renewed. Patents are divided into invention, utility model, and industrial design. Foreign applicants must appoint a local Brazilian agent (industrial property agent). It is recommended to complete trademark and core patent layout before market entry to prevent squatting.
Key points
- INPI administers trademarks/patents/designs/geographical indications; local registration required, foreign rights not automatically recognized.
- Trademark fee reform (2025-09-20): one-time payment, pre-approved list R$880/class, free-text R$1,720/class.
- Brazil joined the Madrid Protocol in 2019-10; international registration can designate Brazil (CHF 251/class + Brazil fee).
- Trademark term 10 years; use must be proven from the 5th year; renewable.
- Foreign applicants must mandatorily appoint a local Brazilian industrial property agent.
- Patents include invention (20 years), utility model (15 years), industrial design (25 years); all require substantive or formal examination.
Procedure
- Search and assess: check the INPI database for trademark/patent conflicts and assess registrability.
- Choose path: national registration (INPI) or Madrid international registration designating Brazil.
- Appoint local agent: sign a power of attorney; the Brazilian agent files the application and pays fees.
- File application: trademarks include the specimen/classes; patents include the specification and claims.
- Examination and publication: INPI formal/substantive examination; trademark publication period allows third-party opposition.
- Grant and maintenance: after grant pay the registration fee; renew trademark every 10 years, file use proof in the 5th year.
Hard requirements
- Clear trademark specimen and designated goods/services classes (Nice Classification).
- Patent must meet novelty, inventive step, and industrial applicability.
- Foreign applicants must appoint a registered Brazilian industrial property agent (mandatário).
- Pay trademark fees in one installment per the 2025-09-20 reform.
- From the 5th year after trademark grant, file proof of use and renew before expiry.
- Retain evidence of use (invoices, advertising, customs records) to defend against non-use cancellation.
Costs
Trademark application (INPI national): pre-approved list R$880/class, free-text R$1,720/class (one-time since 2025-09-20).Madrid designation of Brazil: WIPO base fee CHF 251/class + Brazil fee (per WIPO/INPI).Local agent fee: approx. R$1,500–R$5,000/class (depending on complexity).Patent examination and annuities: by type and year, thousands to tens of thousands of reais.⏱ ⏱ Timeline：Trademark formal examination a few weeks; substantive and publication to grant typically 12–24 months (opposition may extend); patent invention examination 3–8 years (by field); Madrid designation approx. 12–18 months.⚠ Common risks
- No advance layout leads to squatting by local third parties, losing brand control.
- Assuming foreign registration is automatically protected in Brazil leaves no basis for enforcement.
- Failure to file trademark use proof in the 5th year results in cancellation.
- No local agent appointed leads to application return.
- Incomplete class selection leaves core business uncovered.
- Patent lacking novelty is rejected, wasting filing fees.
Handbook
📘 Step-by-Step Handbook (with owner / timeline / cost / penalties)
Applies to：Chinese enterprises planning to sell branded products, run franchises, or deploy technology in Brazil; covers local registration of trademarks and patents, the Madrid route, and maintenance.
Prerequisites
- Identify the trademarks/patents and technologies to protect.
- Confirm core goods/services classes (Nice Classification).
- Designate a registered Brazilian industrial property agent.
| Step | Action | Owner | Timeline | Cost | Official form / system | Notes & penalties |
|---|---|---|---|---|---|---|
| 1 | Conflict Search Search the INPI online database (Marca/Patente) to check whether the intended trademark/patent conflicts. | Local agent | 1–2 weeks | Search may be free / nominal | Search report | Reduces opposition and rejection risk. Penalty：No search leads to collision and opposition. |
| 2 | Path and Agent Appointment Decide between INPI national filing or Madrid designation of Brazil, and sign the local agent power of attorney (procuração). | Enterprise / Agent | 1 week | Agent fee | Power of attorney | Local agent mandatory for foreign applicants. Penalty：Application without agent is returned. |
| 3 | File Trademark/Patent Application The agent files the application with INPI and pays in one installment per the 2025-09-20 reform (pre-approved list R$880/class or free-text R$1,720/class). | Local agent / INPI | A few days | Official fee + agent fee | Application + payment | Madrid route also pays WIPO CHF 251/class. Penalty：Insufficient fee triggers a rectification demand. |
| 4 | Examination and Publication INPI conducts formal/substantive examination; the trademark is published, and third parties may oppose within 60 days. | INPI | 12–24 months | Opposition response fee (if any) | Publication + office action | Respond to office actions and oppositions promptly. Penalty：Failure to respond in time is deemed abandonment. |
| 5 | Grant and Registration Fee After grant pay the registration fee and obtain the trademark registration certificate; patent pays annuities after grant to maintain. | Local agent | A few weeks | Registration fee | Registration certificate | Trademark term is 10 years. Penalty：Failure to pay registration fee is deemed abandonment. |
| 6 | Use Proof and Renewal From the 5th year file proof of trademark use; apply for renewal before expiry (another 10 years); retain evidence of use. | Enterprise / Agent | Ongoing | Renewal fee | Use declaration + renewal | Defends against non-use cancellation (cancelamento por não uso). Penalty：Failure to prove use leads to cancellation. |
✅ Self-check list
⚠ Common pitfalls
Assuming Chinese registration is automatically protected in Brazil.影响：No basis for enforcement after squatting.规避：Complete local Brazil registration before entry.
No local agent appointed.影响：Application returned.规避：Mandatorily designate an INPI-registered agent.
Missing 5th-year use proof.影响：Trademark cancelled.规避：Set a reminder and retain evidence of use.
Incomplete class coverage.影响：Core business counterfeited.规避：Select classes across the full business chain.
Ignoring Madrid cost structure.影响：Budget deviation.规避：Compare total national vs. Madrid cost.
📅 Ongoing post-incorporation obligations
- File trademark use proof in the 5th year and renew before expiry.
- Pay patent annuities on time to keep valid.
- Monitor the market for squatting and infringement; oppose/enforce promptly.
🔗 Official portals
📎 Source：INPI (National Institute of Industrial Property, Instituto Nacional da Propriedade Industrial)
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