Context and practical changes
The new ordinance introduces a temporary exception to the rules for verifying “legitimate interest” in trademark non-use cancellation requests:
- Waiver of legitimate interest check: For non-use cancellation filings — where the challenged trademark owner has not filed a response — submitted between August 1, 2023, and September 30, 2024, proof of legitimate interest will not be required, provided that the owner of the challenged mark does not reply to the cancellation request. This waiver applies exclusively to petitions filed within this specific timeframe.
- This change is implemented through the inclusion of Article 30-A in Ordinance No. 08/2022, formally establishing the waiver of legitimate interest verification in eligible cases.
- The measure entered into force on the date of its publication and was recorded in the Official Gazette of Industrial Property Gazette (RPI) No. 2873.
Practical impacts for trademark owners and practitioners
1. Greater predictability in non-use cancellation proceedings: Prior to this amendment, all non-use cancellation petitions were required to demonstrate legitimate interest in initiating the procedure. The waiver simplifies this requirement for a defined set of already-filed cases, provided that the owner of challenged mark has not submitted a response.
2. Reduction of procedural obstacles: By removing the need to evidence legitimate interest in specific situations, Brazilian PTO is likely to reduce formal barriers that, in practice, could delay or complicate the progress of administrative non-use cancellation proceedings.
3. Limitation to a defined period: The simplification is not permanent—it applies only to non-use cancellations filed between August 2023 and September 2024. Requests filed outside that period remain subject to the ordinary rules.
Relevant remarks
- The Ordinance reinforces Brazilian PTO’s current approach of making targeted adjustments to its regulatory framework, aiming at greater efficiency and closer alignment with intellectual property market practices.
- The amendment does not change the legal concept of non-use cancellation or other substantive requirements under the Brazilian Industrial Property Law; it intervenes solely in the specific administrative procedure related to the verification of legitimate interest.
Source: Normative Ordinance INPI/PR No. 48 of January 19, 2026 (published in RPI No. 2873) — Brazilian National Institute of Industrial Property (INPI).