Understanding Trademark Types in Brazil: A Guide for Local and Global Businesses
Table of Content
Introduction: Trademark Protection in Brazil
What Are Trademarks and Why Do They Matter?
An Overview of Trademark Types in Brazil
Quick guide to the Brazilian Trademark Registration Process
Differences Between Local and Global Trademark Strategies
Common Mistakes to Avoid When Filing Trademarks in Brazil
Recent Developments in Brazilian Trademarks
Successful Brazilian Trademarks: Iconic Examples and Lessons
Conclusion
Introduction: Trademark Protection in Brazil
Brazil’s allure as a thriving business landscape is undeniable and it is as diverse as its people, ecosystems, and industries.
With 203 million people and a landmass rivaling the continental United States, Brazil’s vibrant economy, reflected in a real GDP per capita of $9,032 in 2023, offers immense potential for growth and innovation.
In recent years, it has cemented its position as a leader in Latin America's economy, with sectors like e-commerce and online services showing remarkable growth.
Yet, alongside this potential lies a complex regulatory landscape, complex regulatory framework, shaped by Brazil's federal laws, state policies, and international agreements often described as a jabuticaba—a term borrowed from a uniquely Brazilian fruit tree to symbolize policies and requirements that are as singular as they are challenging for outsiders to navigate.
For businesses entering Brazil, trademark protection is indispensable to thriving in this dynamic but intricate environment.
They are critical for protecting intellectual property, fostering trust, and adapting to the cultural and economic nuances of “many Brazils”—a term often used to describe the country’s sharp regional contrasts in culture, industry, and infrastructure.
In this blog post, we’ll explore why trademarks are a cornerstone for business success in Brazil. From safeguarding intellectual property to gaining a competitive edge, we’ll delve into how trademarks empower businesses to protect their brands and capitalize on the nation’s vast opportunities to secure long-term growth, all while navigating its regulatory peculiarities.
What Are Trademarks and Why Do They Matter?
Trademarks are among the most enduring and valuable assets for your businesses. They encompass names, logos, symbols, and even shapes that distinguish one business from another.
They are the essence of a brand’s unique identity, making a business instantly recognizable, build trust with consumers, and inspire loyalty over time.
Brazil’s famed Havaianas sandals are a perfect example. The trademarked name and iconic logo have helped the brand go from a local staple to a global sensation, while also protecting it from counterfeit products that could tarnish its reputation.
But the power of a trademark goes beyond marketing, giving brands exclusive rights and legal protection against copycats in a highly competitive business world.
Take Embraer, Brazil’s aerospace leader. Its trademark secures its name and reputation, ensuring its cutting-edge innovations and hard-earned customer trust remain uncompromised.
Whether you’re a startup creating your first product or an established company expanding into new markets, trademarks give you the confidence to grow while strengthening your connection with your audience.
An Overview of Trademark Types in Brazil
Protecting your brand and knowing the different trademark types in Brazil is essential. Whether you're trademarking a catchy name, iconic logo, or unique packaging, each category is designed to meet specific branding needs.
Here’s a breakdown of the key categories protected under Brazil’s trademark law and how they can help set your business apart.
Standard Trademark Types
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Word Mark: trademarks may consist of words, neologisms, or a mix of letters and numbers. For instance, the beloved Brazilian brand Natura is a classic example of a word mark.
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Figurative Mark: These cover visual elements like logos, designs, or stylized images without any accompanying text. Consider the Havaianas logo, with its vibrant colors and unmistakable Brazilian flair.
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Mixed Mark: When words and visuals join forces, you get a mixed mark. A great example is Bradesco, whose logo merges text with a distinctive graphic design.
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Three-Dimensional Mark: These protect a product’s shape or packaging if it’s unique enough to stand out. Picture the sculpted silhouette of the Coca-Cola bottle—though international, it’s a great example of a 3D trademark.
As you can see, non-traditional trademarks like smells, sounds, movements, holograms, and gestures can't be officially registered in Brazil. But that doesn't necessarily mean they're left unprotected: unique trademarks can still be defended under the country's Unfair Competition laws, offering some level of legal protection.
Special Trademark Categories
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Collective Mark: Designed for organizations such as cooperatives or associations, collective marks unify members under a shared identity. For example, APAFE (Associação dos Produtores Agroextrativistas da Floresta Nacional de Tefé e Entorno) which brought together over 420 producers of cassava flour and derived products, honey, and oils, secured a collective mark in 2023.
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Certification Mark: Certifies that a product or service meets specific standards, such as origin, manufacturing process, or quality. This is often used in industries like agriculture or manufacturing to signify compliance with established benchmarks.
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Highly Renowned Mark: Reserved for trademarks that are widely recognized across the country, they offer sweeping protection across all industries due to their prestige. Brands such as Petrobras or Embrapa are examples of highly renowned trademarks that hold significant weight in Brazil and beyond.
Quick guide to the Brazilian Trademark Registration Process
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Filing: Submit a trademark application to the BPTO with necessary documents, including a power of attorney, a clear sample of the mark, and a priority claim (if applicable). Missing documents can be submitted within specified deadlines (e.g., 60 days for power of attorney).
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Publication: After submission, the application is published in the Official Gazette, allowing third parties 60 days to file oppositions.
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Examination: The BPTO reviews the application, considering prior trademarks and issuing office actions or requests if needed. Applicants must respond within 60 days, or the application will be shelved.
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Decision: Once the examination concludes, the BPTO either approves or rejects the application. Rejections can be appealed within 60 days.
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Registration: Approved trademarks are granted a 10-year registration, renewable indefinitely. Renewal requests must be filed within the last year of the term or up to six months later with an additional fee.
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Maintenance: Trademark owners must use the mark within five years to avoid cancellation. Registrations can also be challenged through administrative or judicial nullity actions based on legal violations.
Differences Between Local and Global Trademark Strategies
Timeframe: Trademark registration in Brazil usually takes between 24 to 36 months, from the filing of the application to the final decision, assuming there are no objections or oppositions.
However, if an opposition is filed, the process can extend for longer, even several years (see section 7 below on Pitfalls to Avoid). Administrative actions such as renewals are typically processed within three to four months.
Businesses must decide whether to focus on local or global strategies. Here’s how to navigate both approaches effectively:
Prioritizing Local Trademarks in Brazil
Businesses should focus on registering a Brazilian trademark or registering a trademark in Brazil if:
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Operating within Brazil: If the business has a physical presence in Brazil or is planning to expand its operations, local trademark registration ensures exclusive rights over the brand within the country.
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Targeting Brazilian Consumers: To reach local audiences, businesses must protect their trademarks under Brazil’s first-to-register system, meaning the first entity to register a trademark gets priority.
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Offering Brazil-Specific Products or Services: If a company’s products or services are tailored for the Brazilian market, local registration is essential for compliance with Brazil’s trademark laws and securing protection under the INPI (National Institute of Industrial Property).
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No Global Trademark Protection in Brazil: If the business hasn’t extended its global trademark to Brazil yet or needs stronger local enforcement, registering with INPI becomes necessary.
Registering locally also means adhering to Brazil’s specific requirements, such as translating trademarks into Portuguese and following national processes. This can help avoid conflicts and provides direct access to legal protection against oppositions and infringements.
How to Align your Global Trademark Strategies with Brazilian Laws
If you are a global business looking to protect their brands in Brazil, aligning your trademark with local regulations involves several key steps:

Figure 1. Nominus Search Tool Brazil Source: Nominus 2024.
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Leverage the Madrid Protocol: If the business already holds an international trademark, it can designate Brazil as part of the application, simplifying the process. However, when considering a local vs global trademark, even with international registration, a local representative is key to managing any oppositions or legal challenges in Brazil.
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Adapt to Local Requirements: It’s crucial to ensure the trademark meets Brazil’s distinctiveness criteria and doesn’t conflict with other registered marks, whether local or internationally designated.
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Ensure Proper Documentation: Businesses must submit documents like a Power of Attorney and proof of use, translated into Portuguese, to meet Brazil’s formal filing requirements.
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Consider Localization: Beyond legal requirements, it’s important to factor in cultural differences. A trademark should resonate with Brazilian consumers, and businesses should be mindful of any potential cultural nuances that could impact brand perception.
By blending international strategies with Brazil-specific requirements, global businesses can secure strong trademark protection in Brazil while aligning with their broader global branding goals. If would like to find out more, we invite you to visit our trademark page.
Common Mistakes to Avoid When Filing Trademarks in Brazil
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First-to-File System: Brazil operates on a "first-to-file" system, meaning that trademark rights are acquired upon registration. If a business delays filing, a third party could register the same or a similar mark first, leading to costly and time-consuming disputes. This makes it crucial for businesses to file trademarks as soon as possible, ideally before launching any corresponding products or services in the market.
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Backlog and Delays: Challenges with IP Processing Delays: Despite improvements, Brazil still faces significant delays in processing intellectual property applications, particularly for patents. Trademark registration processes may also experience delays, although they are generally shorter than for patents. It’s crucial to be aware of the potential delays when planning trademark registrations and to start the process as early as possible. This delay can be a major obstacle for companies needing timely brand protection.
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Stringent Rejection Criteria: The Brazilian PTO has highly restrictive criteria for rejecting trademarks on absolute grounds, such as descriptiveness or common meaning. Marks accepted in other jurisdictions may face rejection in Brazil, so businesses should conduct thorough trademark searches before filing to anticipate potential issues.
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No Proof of Use Required: Unlike in some countries, Brazil does not require proof of use for filing or granting trademark registration, nor for its renewal. However, if a trademark is not used within five years of registration, it can be vulnerable to cancellation by a third party. Furthermore, the trademark must be used in the same format as granted, with any deviation, such as color or design, potentially leading to cancellation.
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Multiclass Applications Not Allowed: Brazil does not permit multiclass applications, meaning businesses must file separate applications for each class of goods or services. This adds complexity and cost to the filing process, requiring businesses to strategically assess their trademark portfolios.
Despite these challenges, the Brazilian PTO has made improvements over the years, reducing processing times, allowing electronic filings, and improving communication channels. Understanding these complexities and preparing for the peculiarities of Brazilian trademark law is essential for securing effective local protection in this significant market.
Recent Developments in Brazilian Trademarks
Brazil has seen significant developments in trademark law, particularly with 3D and position marks. Between 2014 and 2022, only 16% of 3D trademark applications were approved due to strict distinctiveness standards. However, a key ruling from Brazil's Federal Court of Appeals in favor of Sony's Dualshock controllers set a precedent for protecting distinctive 3D designs, emphasizing the need to assess the full 3D perspective.
Position marks, introduced in 2021, have faced a more stringent review process. As of January 2024, 310 applications were filed, with only one granted after 13 years. The BPTO’s detailed office actions and rejections are helping companies understand the requirements for successful registration.

Figure 2. Adidas position Mark. Registry No. 826054978, granted in class 25 and owned by Adidas AG). Source: BPTO.

Figure 3. Adidas Position mark.
With more companies challenging BPTO decisions in court, Brazil's trademark protection system is evolving to offer clearer standards and better opportunities for brand protection.
Successful Brazilian Trademarks: Iconic Examples and Lessons
The rise in brand value among Brazil's top 50 brands highlights the importance of trademark protection and the role it plays in securing a brand's value. The top brands in Brazil, now valued at over $82.8 billion, demonstrate the power of strong trademarks. Itaú, leading with a brand value of $7.4 billion, exemplifies how a well-protected and iconic trademark can dominate a market and contribute significantly to a company’s financial strength.
For example, Nubank, which has seen a substantial increase in brand value, demonstrates how a distinctive trademark—backed by innovative digital services—can disrupt the traditional financial services sector. Similarly, Localiza’s entry into the top 50 highlights how protecting a brand identity in a rapidly changing market, like car rental services, is crucial for growth and consumer recognition.
Havaianas, a global brand, reinforces how trademark protection allows for consistent global branding across over 130 countries, ensuring its product is recognizable and legally protected in diverse markets.

Figure 4. Top 10 Most Valuable Brazilian Brands. Source: Kandar.com 2024.

Figure 5. Most Valuable Brands in Brazil by Brand Value. Source: Statista.com 2024.
The resilience of these brands, particularly following economic disruptions, shows how valuable trademarks are in helping businesses adapt and maintain their market position.
Robust trademark protection allows Brazilian brands to not only preserve their uniqueness but also expand into new markets and categories, which ultimately leads to sustainable growth and continued brand value appreciation.
Conclusion
Trademarks are vital tools for establishing a connection with Brazil’s unique and diverse market. Aligning trademarks with local consumer expectations, cultural nuances, and regulatory requirements ensures your business can resonate effectively while protecting your brand identity in Brazil.
Understanding the various types of trademarks and their strategic uses—whether wordmarks, design marks, or trade dress—empowers companies to protect their assets comprehensively. A proactive approach to trademarks isn't optional; it's essential for long-term success, particularly in a market as complex and opportunity rich as Brazil.
If you are an international company or entrepreneur looking for an opportunity to grow your business in Brazil, now is the time to evaluate your brand's trademark strategy.
Acting early ensures your business is equipped to thrive while avoiding costly disputes. Protect your brand today to secure your success tomorrow. Please visit our trademark registration page to find out more.