In more detail
High renown recognition
Effective 7 August 2025, new criteria will apply:
- Preferred evidence: nationwide market and image surveys, along with any other documents deemed relevant by the trademark owner.
- Minimum survey requirements: 2,000 respondents, nationwide coverage, 95% confidence level, no influence on responses, conducted within two years prior to the request, and mandatory inclusion of BPTO-defined questions.
- Minimum recognition thresholds:
- ≥ 71%: survey considered sufficient.
- 61% to 71%: additional robust supporting evidence required.
Fast-track trademark examination
Also starting 7 August 2025, BPTO will offer a fast-track service for trademark applications:
- Free of charge for seniors, individuals with disabilities or serious illnesses, and companies under the Inova Simples regime (a simplified framework for innovative startups).
- Paid option (BRL 890) for strategic cases, such as opponents with precedence rights, parties involved in trademark lawsuits, products/services linked to patents under accelerated examination, and matters of public interest or national emergency.
- Estimated processing time: up to two months.
With this initiative, the BPTO aims to make the registration process more efficient, meeting urgent and strategic demands more quickly.
Simplified opposition (“Opposition 2.0”)
Starting 20 December 2025, oppositions may be based exclusively on Article 124, XIX of the Industrial Property Law (IPL), which protects previously registered trademarks:
- Up to five prior registrations per opposed class.
- No textual arguments allowed.
- Automatic validation of submitted data.
- Processing time aligned with non-opposed applications (target of 21 months in 2025).
For cases involving more complex arguments or legal grounds beyond Article 124, XIX, of the IPL, the conventional opposition process remains available, allowing for detailed written submissions and supporting documentation.
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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.
