The Brazilian PTO recently announced a significant expansion in the hypotheses that allow the accelerated analysis of trademark applications. This update is critical for foreign companies operating or planning to enter the Brazilian market, offering faster paths to legal certainty.
New Frontiers for Prioritization
In order to enable commercial operations and attract investments, the Organization now recognizes specific situations that justify the urgency of the examination. Key embodiments include:
- Performance in Marketplaces: Companies that depend on registration for entry into digital sales platforms.
- Technology and Innovation: Startups and Scientific, Technological and Innovation Institutions (ICTs).
- Synergy with Patents: Trademarks linked to products or services arising from patents already prioritized.
- Public Interest: National emergency situations or official Federal Government programs.
- Strategic Sectors: Family farming and traditional communities.
- International Reciprocity: Applicants domiciled in countries with reciprocity agreements with Brazil for priority processing.
- Madrid Protocol: Holder of a base application linked to an application for international certification, with Brazilian PTO acting as Administration of Origin
Litigation and Competition Defense
The new regulation also covers strategic cases of repression of unfair competition. The Brazilian PTO will prioritize the examination when the trademark is the subject of a lawsuit (except for a writ of mandamus) or when there is opposition based on a right of precedence (Art. 129, §1 of the BIPL, that is: previous use in Brazil).
Operationalization and Requirements
Priority processing is not automatic and must follow the criteria established by Ordinance No. 67/2026. International offices must be aware of the following requirements:
| Requirement | Description |
| Form | Mandatory use of specific electronic form. |
| Costs | Collection of own remuneration: (BRL 890 for companies or BRL 445 for individuals) |
| General Limits | 3,000 (three thousand), divided into two quarters. |
| Limit per applicant | Maximum of 10 (ten) priority processing protocols per applicant |
Conclusion
These changes represent an advance in the reduction of the Brazilian backlog and increase the country’s competitiveness in the global IP scenario. Foreign companies are recommended to review their portfolios to identify trademarks eligible for this benefit.