Layer 5: Compliance
Trademark & IP Protection in Brazil
Brazil is a first-to-file country — if someone registers your brand before you do, they own it in Brazil. Register your trademark before entering the market.
Register before you sell
Brazil follows the first-to-file principle, not first-to-use. This means anyone can register your brand name in Brazil — even if you've used it internationally for decades. Trademark squatting is common. File your application before entering the Brazilian market, ideally 12–18 months in advance given INPI's processing times.
INPI: Brazil's IP office
The INPI (Instituto Nacional da Propriedade Industrial) is Brazil's IP authority, managing trademarks, patents, industrial designs, and technology transfer contracts. It's the Brazilian equivalent of the USPTO, EUIPO, or JPO.
Trademark registration
Two filing routes
Direct filing at INPI
- • File directly through INPI's e-Marcas online system
- • Foreign applicants must appoint a Brazilian attorney (procurador)
- • Filing fee: R$ 355 (small entity) or R$ 415 (standard)
- • Examination: 12–18 months (improved from 2+ years)
- • Publication + 60-day opposition period
- • Total to registration: 12–24 months
Madrid Protocol (international route)
- • File through WIPO designating Brazil
- • Based on home country registration/application
- • Brazil joined the Madrid Protocol in 2019
- • INPI examines within 18 months of designation
- • Single filing covers multiple countries
- • Recommended for companies filing in multiple markets
What you can register
- Word marks — brand names, slogans (in any language)
- Figurative marks — logos, symbols, designs
- Mixed marks — combination of word + figure (most common filing type)
- 3D marks — distinctive product shapes or packaging
- Sound marks — accepted by INPI since 2020
- Not registrable: generic terms, descriptive terms (in Portuguese), government symbols, immoral content
Patent protection
Brazil grants patents for inventions (20 years) and utility models (15 years). The process is significantly longer than trademark registration:
| Type | Duration | Exam time | Filing route |
|---|---|---|---|
| Invention patent | 20 years from filing | 3–5 years | Direct or PCT |
| Utility model | 15 years from filing | 3–4 years | Direct only |
| Industrial design | 25 years (5×5 renewals) | 6–12 months | Direct or Hague |
Technology transfer contracts
Contracts involving technology transfer, licensing, or franchise agreements between a foreign company and a Brazilian entity must be registered with INPI to be enforceable and to allow royalty payments abroad. This includes:
- Trademark licensing — allowing a Brazilian partner to use your brand
- Patent licensing — granting rights to manufacture or use your technology
- Technical assistance — providing know-how, training, or technical support
- Franchise agreements — must be registered with INPI and comply with Lei 13.966/2019
Royalty payments are subject to withholding tax (15% or treaty rate) and may be limited by INPI guidelines on maximum deductible rates (1–5% of net sales, depending on the industry).
IP enforcement
- Customs recordation — register your trademark with Receita Federal to enable customs seizure of counterfeit imports. This is separate from INPI registration.
- Civil enforcement — trademark infringement cases are heard by specialized IP courts in São Paulo and Rio de Janeiro. Preliminary injunctions are available.
- Criminal enforcement — trademark counterfeiting is a criminal offense under Lei 9.279/1996. Police raids (busca e apreensão) are used against counterfeit goods.
- Online enforcement — INPI registration enables takedown requests on Brazilian marketplaces (Mercado Livre, Amazon Brazil, Shopee Brazil).