New BPTO Fee Schedule: What Changes from August 7, 2025, and How to Prepare
The BPTO has published its new Fee Schedule, which will come into force as of August 7, 2025. In addition to an average increase of 24% in fees, the update introduces significant changes to the fee structure, creates new services, revises nomenclature, and incorporates important procedural innovations in trademark, patent, and industrial design matters.
Among the main changes, the BPTO has redesigned the trademark fee system. Between August 7 and September 19, trademark filing and the first ten-year registration term will continue to be paid separately, albeit at the updated rates. As of September 20, however, both stages will be consolidated into a single payment at the time of filing, with fees set at R$ 880 for applications with pre-approved specifications and R$ 1,720 for applications with free specifications.
Another key innovation is the introduction of a simplified opposition procedure in trademark matters, aimed at streamlining examination. This new model will take effect on December 20, 2025, and will be filed through an electronic form. The opposition will be limited to item XIX of article 124 of the Brazilian Industrial Property Law, allowing a maximum of five prior art references per class, without attachments or argumentative text.
The new fee schedule also formally allows for the submission of proof of secondary meaning, enabling applicants to demonstrate that a trademark has acquired distinctiveness over time. This proof may be submitted at the time of filing, within 60 days after publication, in an appeal, or in responses to oppositions or annulment requests, subject to a fee of R$ 4,700 per request.
In terms of costs, the update reflects an overall average adjustment of 24%, with notable increases in several trademark, patent, and industrial design fees. For trademarks, opposition fees increased from R$ 355 to R$ 520, and appeals against refusal rose from R$ 475 to R$ 700, while response fees were reduced from R$ 280 to R$ 180, and ordinary extensions decreased slightly. Patent fees also saw substantial increases, including filing, examination requests, and annuities. Industrial design fees were similarly adjusted, affecting both filing and quinquennial payments.
According to the BPTO, these changes are intended to ensure the Institute’s economic sustainability while modernizing services to meet growing demand. Given the scope of the updates, rights holders and applicants are advised to review their strategies and timelines carefully. For further details and access to the complete updated fee schedule, the full material is available via the link provided.
