How to Register Your Trademark in Brazil (INPI)
Paulo Wesley·
·3 min read
In Brazil, a trademark belongs to whoever registers it first at the INPI (National Institute of Industrial Property), not just to whoever uses it. For a foreign company this means one thing: register your mark before launching in Brazil, or someone may get there first. Filing is done online, by class of goods or services, and the registration lasts 10 years, renewable. Foreign companies can file directly at the INPI through an attorney in Brazil, or through the Madrid Protocol.
Why register before launch
The Brazilian system is "attributive": exclusive rights come from registration. The Industrial Property Law (Law 9,279/1996) protects anyone who was already using the mark in good faith in Brazil before someone else filed, but proving it is hard work and expensive. In practice, foreign companies often find out that someone has registered their name here just as the product starts to take off.
Registering early also helps on marketplaces, which have brand protection programs for owners of an INPI registration or application. See Mercado Livre and marketplaces in Brazil.
How the application works
- Clearance search: check the INPI database for identical or similar marks in the same field.
- Choose the classes: the INPI uses the Nice Classification. Software, for example, usually falls in class 9 (downloadable software) and class 42 (software as a service); courses fall in class 41.
- Filing and fee: the application is filed in the INPI's electronic system, paying one fee slip (GRU) per class.
- Publication and opposition: the application is published in the Industrial Property Gazette, and third parties can oppose it.
- Examination and decision: the INPI examines whether the mark can be registered and whether it conflicts with earlier marks. Timing varies; check the INPI's published indicators.
Companies not domiciled in Brazil need an attorney in the country to follow the case and receive notices.
What it costs
| Item | Amount (INPI table, 2025) |
|---|---|
| Application with a pre-approved specification | R$ 880 per class |
| Application with a free-text specification | R$ 1,720 per class |
| Final grant fee | No longer exists since 2025 |
Micro and small companies and some other profiles get discounts on several services. The foreign company itself does not, but a small Brazilian subsidiary may. Always check the current table on the INPI website before paying, and add your attorney's fees.
The Madrid Protocol
Brazil joined the Madrid Protocol in 2019 (Decree 10,033/2019). Under it, a company that already has a mark or application at home can extend protection to Brazil through an international application at WIPO designating Brazil, in a single process with fees in Swiss francs. The INPI examines it just as it would a national application.
When to use each route:
- Madrid: when the company wants to protect the mark in several countries at once and already has the base registration at home.
- Direct filing at the INPI: when Brazil is a priority, when the Portuguese mark differs from the original, or when you want a local attorney following it closely.
A mark in Portuguese
If the product will have a name or slogan in Portuguese, register that version too. Localizing the name is part of localizing for Brazilian Portuguese, and the local version deserves the same protection as the original.
After registration
- Use the mark: a registration can be cancelled if the mark goes unused for 5 years.
- Watch for similar new applications at the INPI and oppose them when needed.
- Renew every 10 years.
If your mark will be used by a Brazilian group company, put the license in a contract. Payments abroad for the use of a mark have their own tax treatment; see how to send profits abroad and talk to your accountant.
Summary
In Brazil, whoever registers first gets the mark. Search, choose the right classes and file at the INPI, directly or through the Madrid Protocol, before advertising the product here. It is a small cost compared with the risk of losing your name. If you are preparing to enter Brazil, see also how to open a company in Brazil as a foreigner or talk to BrazilDoor.
Frequently asked questions
Who owns a trademark in Brazil?
As a rule, whoever registers it first at the INPI. The law protects anyone who was already using the mark in good faith before someone else filed, but the safe path is to register early.
How much does it cost to register a trademark at the INPI?
Under the table in force since 2025, filing costs R$ 880 per class with a pre-approved specification and R$ 1,720 with a free-text specification. There is no longer a final grant fee.
Can a foreign company register a trademark in Brazil?
Yes, through an attorney in Brazil filing directly at the INPI, or through the Madrid Protocol by designating Brazil in an international application.
How long does a trademark registration last?
Ten years from the grant, renewable for equal and successive periods.
Sources
About the author
Business consultant with a degree in Accounting, MBA in Finance (UFRJ) and certified financial market analyst. Since 2014 he has helped companies from more than 10 countries understand and enter the Brazilian market.
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