Major changes will reshape trademark procedures in Brazil until the end of 2025!

Por Daniela Fasoli

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The Brazilian Patent and Trademark Office (TMO) is rolling out several important updates until the end of the year. Among the changes, Key highlights include:

• Priority examination for trademark applications

As part of a new initiative, the TMO aims to reduce examination times to just 2 months (in cases without opposition). Eligible applicants include those who have filed oppositions based on prior use, those involved in legal proceedings related to the trademark, among others. Up to 1,200 applications will be accepted in this first phase.

• New regulations for granting registrations based on acquired distinctiveness

TMO’s ordinance No. 15/2025, effective November 28, 2025, establishes that signs or expressions that are initially generic or descriptive may, through effective and consistent use in the market, acquire sufficient distinctiveness to be recognized as exclusive trademarks to identify products or services, differentiating them from the competition. The Applicant must prove the continuous use of the mark for at least 3 years prior to the application and the public recognition in Brazil that the sign uniquely identifies their products or services.

Important: The request for recognition of acquired distinctiveness can only be made once during the prosecution.

The Ordinance also provides a 12-month window from its effective date for owners of pending applications or trademarks under invalidity proceedings (due to lack of distinctiveness) to submit a request along with supporting documentation.

• New simplified opposition procedure (Opposition 2.0)

Starting December 20, the TMO will introduce a streamlined procedure for filing oppositions based on prior registrations. The new format allows up to 5 previous registrations per opposed class, offering a simpler, faster and cost-effective method for third parties to oppose trademark applications.

• New criteria for the recognition of Highly Renowned Trademarks

Trademarks granted highly renowned status in Brazil receive broad protection across all classes for 10 years. Ordinance PR No. 25/2025 sets clearer standards for proving this status, with a strong focus on market and image research.

The Ordinance clarifies that survey may be conducted online, must include at least 2,000 respondents and a 95% confidence level. If over 71% recognition is achieved, the market research alone is sufficient to prove the high renown, with no need of additional evidence

• Revised fee schedule.

After 13 years without adjustments, the TMO has updated its official fees. The most significant change for trademarks is the bundling of filing, granting, registration certificate issuance, and the first ten years of validity into a single upfront fee, starting on September 20, 2025.

If you have any doubts or if you require any further information or clarification, please do not hesitate to contact us at sip@simoes-ip.com.

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