Updates on Trademark Procedures before the Brazilian PTO: New Services, Automation, and Changes to Official Fees

The Brazilian PTO has recently implemented significant changes to the fee structure and procedures related to the registration of trademarks, patents, and other industrial property rights, directly impacting the strategy of these assets. The changes, outlined in Resolution INPI/PR No. 263/2024, aim to promote greater efficiency in the examination of applications and alignment with practices already established in other jurisdictions.

Main changes regarding the trademark practice:

1. Adjustment of official fees: The official fees for trademark services have been significantly adjusted for some services. The new fee schedule will come into effect from September 20th, 2025 for the majority of services.

For example, regular filing fees (i.e., those not eligible for discounts) will be of approximately USD 84.00 for filings between August 7 and September 19, 2025, and approximately USD 344 for applications filed from September 20 onwards.

2. Exemption of registration fees: payment of granting fees for local filings and of second part fees for Brazilian designation under the Madrid Protocol will be discontinued. The transition occur as follows:

• Decisions of allowance published as of June 24, 2025: Payment of registration fees will become optional. If paid, the issuance of the registration certificate will be expedited. If the holder chooses not to pay, the registration will be granted after September 22, 2025.
• Decisions of allowance published from September 20, 2025 onwards: Payment of registrations fees will be automatically exempted, making the process even faster.

3. New services:

Priority examination for trademarks eligible to fee exemption: priority processing for trademark applications filed by individuals eligible for fee exemption, namely low-income individuals, registered in the Brazilian Single Registry, and people with disabilities, registered in the Brazilian Federal Government’s Disability Reference.

Priority processing for trademarks for strategic or public policy reasons: introduction of new priority queues to foster innovation, protection of rights, and the reduction of judicial conflicts.

50% discount on official fees: available to individuals; micro and small business; individual microentrepreneurs; simple innovative companies; scientific, technological, and innovation institutions (ICTs); non-profit organizations; and public entities, when referring to their acts.

Acquired distinctiveness: Facilitates the grant of special protection upon proof that a sign, initially considered devoid of distinctive character, acquired distinctiveness through use, enabling its registration as a trademark. Click here for more details.

Simplified opposition: limited to objective allegations of conflicts with registered trademarks.

The changes to patent procedures can be seen in our Newsletter (click here).

4. Expected benefits: According to INPI, users can expect in return:

• Reduced processing time for trademark registration applications;
• Reduction of bureaucracy and operational costs;
• Strengthened legal security;
• Mitigation of risks of filing abandonment due to non-payment of official fees.

5. Recommendations: Given this new scenario, we suggest holders review their portfolios and evaluate specific strategies to take advantage of the new priority processing modalities, as well as budgetary impacts due to the simplification of grant procedures.

Our firm remains available for specific guidance and personalized analysis of impacts for your company. If you have any questions or need additional clarification, please use your usual contact at our firm or email: mail@kasznarleonardos.com