BPTO Updates Trademark Procedures

In brief

The Brazilian Patent and Trademark Office (BPTO) has announced important updates aimed at making trademark registration more agile, objective, and legally secure. Key changes include revised criteria for proving high renown status, the launch of a fast-track trademark examination service, and the implementation of a simplified opposition procedure.

More details

High Renown Recognition

Effective August 7, 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 August 7, 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 (R$ 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 December 20, 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.