Written by Rafael Garutti
According to INPI/PR Ordinance No. 15/2025, Brazil will begin recognizing acquired distinctiveness as of November 28, 2025.
The change aims to safeguard trademarks traditionally considered “weak” but that, in practice, have already been recognized by the market as identifying a single commercial source (secondary meaning).
Recognition may be requested at specific stages of the process: at the time of filing, within 60 days of publication, as well as in responses to opposition and administrative cancellation (when based on lack of distinctiveness), and in appeals when the refusal was grounded on lack of distinctiveness. Note, however: this request may only be submitted once per application.
Exceptional and transitional rule: until 11/28/2026
There is a 12-month period for spontaneous requests (at stages other than those above-mentioned), limited to trademarks pending as of 11/28/2025. Applications already allowed or registrations already granted do not fall within this window.
Evidence is crucial
Brazilian Trademark Office will require clear demonstration that the public associates the sign with the trademark applicant and that it has been used continuously (for 3 years or more), supported by dated documents such as commercial materials, advertising campaigns, media presence, and market surveys.
It is possible to submit late documents and amend the petition for analysis of acquired distinctiveness within 60 days of the request.
The office may issue office actions (with a 60-day response period), and decisions regarding acquired distinctiveness may be appealed (within 60 days).
Why does this matter for Foreign Trademark Owners and Attorneys?
Descriptive or evocative signs that once received automatic refusals may now be recoverable and strengthened, provided there is supporting evidence. This is a valuable opportunity to review portfolios and determine which trademarks justify a request for recognition, creating new possibilities.