How to Register a Trademark in Brazil (2026): Fees, Process, Tips

Artigo em inglês para empresas estrangeiras e multinacionais. Versão em português: guia completo de registro de marca no INPI.

Brazil is Latin America’s largest consumer market — and one of the strictest first-to-file jurisdictions in the world. Under the Industrial Property Law (Law 9,279/1996), trademark rights belong to whoever files first with the INPI, the Brazilian PTO, with only narrow exceptions. In 2025 the INPI received a record 500,000+ trademark applications. If you sell in Brazil — through a subsidiary, a distributor, Mercado Livre or Amazon Brazil — this guide covers what foreign companies and individuals actually need to know: costs, the process step by step, the local-representative rule, and how the Madrid Protocol compares to filing directly.

Why register in Brazil before you enter the market

Three practical reasons. First, squatting is real: because rights go to the first filer, distributors, former partners and opportunists routinely register foreign brands before the owner does — and then offer to “sell it back” or block your imports. Second, enforcement depends on it: without a Brazilian registration you have little standing against counterfeits, look-alikes and hijacked marketplace listings. Third, the platforms demand it: brand-protection programs on Mercado Livre and Amazon Brazil rely on a Brazilian INPI application or registration — a US or EU trademark does not qualify.

A Brazilian company registration (CNPJ) or a .com.br domain does not protect the brand. Only the INPI registration does.

Madrid Protocol vs. direct national filing

Brazil joined the Madrid Protocol in 2019, so multinationals can designate Brazil in an international registration. Both routes are examined by the INPI under the same substantive law — the difference is procedural:

Madrid designation — convenient for large portfolios, centralized renewals. But office actions, oppositions and refusals in Brazil still unfold locally, in Portuguese, with Brazilian deadlines — and you will need a Brazilian representative the moment anything happens. The designation also remains vulnerable to central attack on the base application during the first five years.
Direct national filing — a local representative from day one, prosecution in the national system without WIPO intermediation, and often a more predictable timeline. For companies whose priority is Brazil specifically (rather than 20 countries at once), direct filing is usually the pragmatic choice.

Either way, one rule is constant: applicants not domiciled in Brazil must appoint a representative domiciled in Brazil with powers to receive service of process. That is precisely the service we provide — prosecution handled in Portuguese, reporting to you in English.

Official INPI fees (2026)

Fees are set by Ordinance GM/MDIC No. 110/2025, per class. The key modernization: since 20 September 2025, Brazil charges a single fee — the amount paid at filing already covers examination, grant, the certificate and the first 10 years of protection. There is no longer a second “grant fee” (and no more losing the mark by missing it).

Government fees are paid directly to the INPI and are separate from professional fees. Note that a refused application does not get its fee back — which is why the clearance search comes first.

The registration process, step by step

1. Clearance search. Availability check in the INPI database for identical, visually similar and — critically — phonetically similar marks under Portuguese pronunciation, plus screening against the absolute grounds of Article 124 (descriptive terms, official symbols, bad-faith conflicts and more).

2. Classification strategy. Brazil follows the Nice Classification (45 classes). The registration protects the classes you file in — goods classes for products, class 35 for retail/e-commerce activity. Filing in the wrong class is the most expensive mistake in the system: the registration exists, but protects nothing you actually do.

3. Documents. For companies: corporate details and a power of attorney to the Brazilian representative (simple signature; no notarization or legalization is required for the standard POA). For individuals: identification and activity details. Straightforward — we prepare everything.

4. Filing. Electronic filing through the INPI’s system. Legal priority attaches on the filing date, and the application number issued that day is usually enough to start marketplace brand-registry enrollment.

5. Examination and publication. The entire prosecution is published weekly in the Official Gazette (RPI), every Tuesday: formality check → publication opening a 60-day opposition window → substantive examination (possible office actions, 60-day terms) → allowance or refusal. There are no courtesy notifications: deadlines run from Gazette publication alone, which is why weekly RPI monitoring is not optional — it is how registrations survive.

6. Grant. With the single fee already paid, allowance proceeds to grant and certificate. Protection runs for 10 years from grant, renewable indefinitely. A smooth application currently takes around 18 months, with the INPI targeting roughly 10.

When things go wrong: oppositions, refusals, squatters

An opposition is answered within 60 days with a reasoned reply — differences in markets, channels, spelling and sound resolve most of them. A refusal can be appealed to the INPI within 60 days, with meaningful reversal rates when the appeal attacks the technical ground. And if your brand was already taken by a squatter: the toolkit includes opposition (during the 60-day window), administrative nullity (within 180 days of grant) and non-use cancellation (after 5 years without genuine use in Brazil). Every remedy is deadline-driven — the earlier you act, the more options remain.

For marketplace sellers and importers

If your route into Brazil is e-commerce or private-label importing, the trademark is operational infrastructure, not just protection. Brand registry on Amazon Brazil and brand protection on Mercado Livre run on the INPI number; customs enforcement and anti-counterfeiting actions run on the registration. We operate import and marketplace businesses ourselves in Brazil — we know what the platforms ask for because we comply with it in our own operation.

Next step: a free availability assessment

Send us the brand name and the goods or services involved. We will run the clearance search in the INPI database and reply with a clear path — classes, costs and timeline — in plain English:

WhatsApp: +55 11 92598-9199
E-mail: marcasepatentes@heidorff.com
Service overview: trademark registration in Brazil

Brazil rewards whoever files first. Make sure that’s you.

Should I file directly in Brazil or designate Brazil through the Madrid Protocol?

Both routes end at the Brazilian PTO (INPI) and are examined under the same law. Madrid is convenient for multi-country portfolios, but a direct national filing is often faster to prosecute, avoids central-attack risk on the base application, and gives you a local representative handling office actions from day one — which Brazil requires for foreign applicants anyway.

Does Brazil require a local attorney or representative for foreign trademark applicants?

Yes. Applicants not domiciled in Brazil must appoint a representative domiciled in the country with powers to receive service of process. This applies to direct filings and, in practice, to any office action, opposition or litigation arising from a Madrid designation.

Do I need to prove use of the trademark in Brazil?

Not to file or register — Brazil has no use requirement at filing. However, after registration, any third party may request cancellation for non-use (caducidade) once the mark has been registered for 5 years and not used in Brazil. Genuine local use protects the registration.

How long does a Brazilian trademark last and how do renewals work?

Ten years from grant, renewable indefinitely for equal periods. Under the single-fee system in force since September 2025, the fee paid at filing already covers the certificate and the first 10-year term; renewal fees apply only from the second term onward.

What happens if my application receives an opposition in Brazil?

Oppositions are published in the Official Gazette (RPI) and you have 60 days to file a reply. All deadlines run from Gazette publication — there is no courtesy e-mail — so weekly monitoring of the RPI is essential to avoid losing the application by silence.

Can I enroll in Amazon Brazil Brand Registry or Mercado Livre brand protection with a pending application?

Usually yes. Both programs accept a Brazilian INPI application number to start enrollment, and the granted registration consolidates your standing against counterfeits and hijacked listings.