Foreign Applicants Should Prepare Before the Window Opens
Brazil’s National Institute of Industrial Property (INPI) will reopen the second quota period of its Phase II pilot program for priority examination of trademarks on September 1, 2026, at 10:00 a.m. (Brasília time).
The new quota covers 1,500 priority requests for the period from September 1 through December 31, 2026. Requests will be received according to the date and time of filing, making early preparation particularly important for applicants seeking one of the limited places.
For foreign trademark owners and their counsel, timing is crucial. If a Brazilian trademark application may qualify for priority examination, the supporting documents should be prepared before the system reopens.
What Is the INPI’s Priority Examination System?
The INPI’s priority examination procedure allows eligible trademark applications and related petitions to receive faster examination when the applicant meets specific legal, strategic, or public-policy criteria.
The mechanism was expanded under INPI Normative Ordinances No. 66/2026 and No. 67/2026, which established Phase II of the pilot project and its quota system.
The procedure does not change the substantive examination criteria under Brazilian IP law. Instead, it provides an accelerated route for eligible cases.
For foreign applicants, this can be particularly relevant where registration is connected to market entry, enforcement, digital commerce, international trademark protection, or an ongoing dispute.
September 1, 2026: The Second Quota Period
Phase II provides for 3,000 priority requests during 2026, divided into two four-month periods:
- May 1 to August 31, 2026: 1,500 requests
- September 1 to December 31, 2026: 1,500 requests
The second quota period will open on September 1 at 10:00 a.m. (Brasília time). Once the applicable quota is reached, the INPI will suspend the reception of new requests until the next available period.
Each four-month period has a minimum quota of 100 requests for each priority modality, while the remaining places may be used by applicants under any eligible modality.
There is also a limit of 10 priority requests per applicant.
Most importantly, the available quota is allocated according to the date and time of filing. There is no lottery or merit-based ranking.
The INPI has already reported that the quotas for certain modalities, including virtual marketplace platform and right of precedence, were exhausted during the first quota period. These modalities will become available again during the second quota period.
Which Situations May Be Relevant to Foreign Trademark Owners?
The Phase II framework covers several situations that may be particularly relevant to international trademark portfolios.
Depending on the circumstances and supporting evidence, priority examination may be available where:
1. The applicant depends on trademark registration to operate on a virtual marketplace
This modality may be particularly relevant for foreign companies entering or expanding their presence in the Brazilian e-commerce market.
The applicant must demonstrate that trademark registration is required in connection with the relevant digital marketplace.
Given the demand for this category during the first quota period, foreign applicants considering this route should prepare the necessary evidence well in advance.
2. The applicant is invoking a right of precedence
Article 129, paragraph 1, of the Brazilian IP Law recognizes a right of precedence as an exception to the “first-to-file” system, which may be invoked when the applicant can demonstrate prior use of the mark in Brazil in good faith.
The Phase II pilot provides a priority route for applicants who have filed an opposition based on their right of precedence.
3. The applicant is involved in trademark litigation
Priority examination may also be available where the trademark is involved in judicial proceedings, subject to the requirements established by the INPI.
4. The Brazilian application is connected to the Madrid Protocol
The Madrid Protocol provides a specific priority modality, but it is narrower than simply having a Brazilian trademark application filed through or connected to the Madrid System.
The applicant must be the holder of a basic application linked to a request for international registration, with the INPI acting as the Office of Origin under the Madrid Protocol.
5. The trademark is connected to a patent receiving priority examination
Where the goods or services covered by the trademark are linked to a patent application or a patent registration that has already received priority treatment, the relevant patent information may support a priority request for the trademark.
6. Applicants from countries with a reciprocity agreement with Brazil
A separate priority route applies to applicants who are domiciled in, or have a trademark application or registration in, a country with which Brazil maintains an agreement for reciprocal priority processing.
Importantly, the quota applicable to this modality is defined within the relevant reciprocity agreement, rather than solely under the general quota rules of Phase II.
Other legal and public-policy situations
The INPI also provides priority routes based on specific legal criteria and public policies, including certain cases involving elderly applicants, persons with serious illnesses or disabilities, traditional communities and family farming, public funding, government authorization, public interest, and national emergency situations.
Foreign applicants should therefore review the full list of eligible modalities before assuming that a particular case does not qualify.
The Quota Makes Preparation Critical
One of the most important aspects of the new system is that eligibility alone does not guarantee a place within the quota.
The INPI Ordinance establishes that quota availability follows the date and time of filing. It also expressly provides that all requests filed count toward the available quota, regardless of whether priority treatment is ultimately granted.
This creates an important distinction:
Does the application qualify for priority examination?
and
Was the priority request filed while a quota was still available?
Both questions need to be addressed.
For this reason, foreign applicants should avoid treating September 1 as the date to begin assessing eligibility. The analysis and supporting documentation should ideally be completed beforehand.
Securing a Place Does Not Mean Priority Has Been Granted
The date and time of filing determine access to the available quota, but the INPI will still analyze whether the request meets the applicable requirements.
If the quota is reached, the INPI will suspend the reception of new requests.
If a priority request is not accepted, the trademark application itself is not adversely affected. It simply continues through the regular examination procedure.
The Ordinance also allows a new priority request to be filed with new supporting documentation, subject to the applicable quota.
How Does the Procedure Work?
1. Confirm eligibility
Identify the applicable priority modality and verify that the applicant satisfies the relevant requirements.
2. Prepare the supporting evidence
Collect the documents required for the applicable modality before the quota opens. For foreign applicants, documents may need to be accompanied by a Portuguese translation.
3. Pay the applicable fee, if any
For priority requests based on strategic objectives or public policies, the applicable government fee is currently BRL 890. Requests based on certain legal criteria, such as applicants aged 60 or older or facing serious illness or disability, are exempt from the official fee.
4. File the electronic request
The request is submitted through the INPI’s e-Marcas system, together with the required supporting documents and declaration.
5. Monitor the INPI’s decision
The INPI evaluates the request and publishes its decision in Section V of the Brazilian Official IP Gazzete (Revista da Propriedade Industrial – RPI).
Priority Does Not Mean Immediate Examination
Foreign counsel should also manage client expectations carefully.
Submitting a priority request does not mean that the trademark will be examined immediately upon filing the request.
Priority treatment operates within the procedural framework established by the INPI, including the formal examination stage and the applicable opposition period.
The practical benefit is therefore an accelerated examination route, rather than the elimination of procedural steps.
Priority treatment also does not change the substantive criteria applied by the INPI. The trademark must still satisfy the applicable requirements for registration.
Priority accelerates the process, not the legal standards.
Further Information
Foreign applicants and their counsels may wish to review their Brazilian trademark portfolios in light of the new priority examination quota and assess whether any pending matters fall within the eligible modalities.
CNV IP Law Firm remains available to provide further information on Brazilian trademark prosecution and the priority examination procedure.