Brazil is the largest trademark market in Latin America and, for most international brands, an unavoidable filing. Applications are examined by the Instituto Nacional da Propriedade Industrial (INPI), the country operates on a first-to-file basis, and since acceding to the Madrid Protocol in 2019 the INPI accepts multi-class applications and international designations. For foreign attorneys and agents, the practical questions are always the same: who can act before the office, how long it takes, and where the process can go wrong.
You need a local representative — it is the law
An applicant domiciled outside Brazil cannot file directly. Under Article 217 of Law No. 9,279/96, foreign applicants must appoint an attorney-in-fact resident in Brazil, with powers to represent them administratively and judicially and to receive service of process. In practice this means instructing a local associate and providing a Power of Attorney (POA). For trademark matters the POA is straightforward and does not require notarization or consular legalization, which keeps onboarding fast.
This is exactly the role MK Global IP performs for US and European firms: acting as your registered representative in Brazil and across Latin America, under your instruction, with a single point of contact.
The registration process, step by step
A Brazilian trademark application moves through a predictable sequence:
- 01Clearance search. A pre-filing search of the INPI register to assess availability and conflicts before committing to a filing.
- 02Filing. The application is filed electronically with the applicant details, the mark, and the goods/services under the Nice Classification.
- 03Formal examination. The INPI checks that the application meets filing requirements.
- 04Publication & opposition. The application is published in the Official Gazette (RPI), opening a 60-day window for third parties to oppose.
- 05Substantive examination. The examiner reviews the mark for registrability and prior rights, and may issue office actions.
- 06Decision & grant. If allowed, grant and issuance fees are paid and the registration certificate is issued.
Timelines
When an application is not opposed and no office actions are raised, registration typically takes around 12 to 18 months from filing. Oppositions, refusals and appeals can extend that timeline, so early clearance and a well-drafted specification materially reduce risk.
Classification and multi-class filings
Brazil follows the Nice Classification. Since the Madrid Protocol entered into force in 2019, a single application can cover multiple classes, and brand owners can reach Brazil through an international registration designating the country. Choosing between the national and Madrid routes is a strategic decision that depends on the wider portfolio — an assessment a local associate is well placed to make.
Oppositions and enforcement
Applications are exposed to opposition for 60 days after publication. Because Brazil is first-to-file, monitoring the RPI and acting quickly on conflicting applications is central to protecting a portfolio — the same rationale behind a structured trademark watch programme across Latin America.
Maintenance and renewal
A registration is valid for ten years from grant and is renewable for successive ten-year periods. Renewal is filed during the final year of the term, with a six-month grace period afterwards subject to a surcharge. Brazil does not require a declaration of use to maintain a registration; however, a mark unused for five consecutive years after grant is vulnerable to a non-use cancellation action.
Instructing counsel in Brazil or elsewhere in Latin America?
MK Global IP acts as your local representative across 50+ jurisdictions, under your instruction, with one point of contact for filings, prosecution, watch and renewals.
Talk to our teamFrequently asked questions
Do foreign applicants need a local representative to file a trademark in Brazil?
Yes. Applicants domiciled outside Brazil must appoint an attorney-in-fact resident in the country, empowered to represent them before the INPI and to receive service of process, and file a Power of Attorney (Article 217 of Law No. 9,279/96). This is precisely the local-counsel role MK Global IP performs for foreign associates.
How long does it take to register a trademark in Brazil?
When an application proceeds without opposition or office actions, registration typically takes around 12 to 18 months from filing. Oppositions, refusals or appeals can extend that timeline.
Can a single application cover several classes in Brazil?
Yes. Since Brazil joined the Madrid Protocol in 2019, the INPI accepts multi-class applications, and brands can also reach Brazil through an international registration designating the country.
How long is a Brazilian trademark registration valid?
Ten years from the grant date, renewable for successive ten-year periods. Renewal is requested during the final year of the term, with a six-month grace period afterwards subject to a surcharge.
Is proof of use required to keep a Brazilian trademark?
Brazil does not require a declaration of use to maintain a registration. However, a mark that has not been used for five consecutive years after grant can be challenged and cancelled for non-use by an interested third party.
What is the opposition period in Brazil?
Third parties have 60 days from publication of the application in the Official Gazette (RPI) to file an opposition.