INPI publishes Ordinance No. 15/2025 with new rules for trademark recognition

In order to register a trademark with the INPI, it must be distinctive. By this it is meant that it should clearly identify a product or service as being the exclusive property of its owner.

It is important to note that purely generic or descriptive terms are not eligible for registration.

Acquired Distinctiveness:

In certain instances, elements that are initially generic or descriptive may, over time, become so firmly associated with a company that consumers begin to recognise them as a brand.

What changes with Ordinance No. 15/2025?

Although the concept of acquired distinctiveness was already acknowledged, there was no clear regulation on how to prove it.

Ordinance No. 15/2025 addresses this by:
• Defining the concept
• Establishing how to request recognition
• Detailing the procedures, deadlines, and documents required by INPI

When does it take effect?

The new regulation is scheduled to come into force on November 28, 2025.

Henceforth, INPI shall formally instigate the protocol for the acknowledgement of acquired distinctiveness.

It is submitted that brands which have become widely recognised by the public over time may now qualify for registration under this provision.

For more information, please do not hesitate to contact us at: international@simoes-ip.com