On March 3, 2026, the Brazilian Patent and Trademark Office – BPTO published Normative Ordinance No. 58, dated February 23, 2026, which establishes internal procedures for the implementation of the special protection regime for trademarks and industrial designs related to the 2027 FIFA Women’s World Cup, which will be held in Brazil. The special regime was introduced by Provisional Decree No. 1,335/2026.

The special regime will consist of the following exceptional procedures by the BPTO:

• a simplified procedure for the recordal, in the BPTO’s database, of the highly renowned and well-known status of trademark registrations owned by FIFA;
• fast-track examination and a simplified procedure for trademark applications related to the 2027 FIFA Women’s World Cup, including different deadlines for the submission and examination of appeals; and
• fast-track examination of industrial design registrations related to the 2027 FIFA Women’s World Cup.

Eligible applications must be (a) filed in the name of FIFA or other entities formally acting on its behalf (including subsidiaries, commercial partners, or contractors), and (b) identified by FIFA as being related to the competition, through lists submitted to the BPTO, in accordance with Article 9, sole paragraph, and Article 13, sole paragraph, of Provisional Decree No. 1,335/2026.

The recordal in the BPTO’s database of the high-renown and well-known status of FIFA-owned trademarks will be carried out through a simplified procedure, based on the lists filed by FIFA, and the entity will not be required to submit specific evidence demonstrating the high-renown or well-known status of its trademarks during the exceptional period of effectiveness of the Provisional Decree.

For tracking and prioritization purposes, eligible applications will receive the identifier “Regime Especial FIFA 2027” (“FIFA 2027 Special Regime”). The list of trademark registrations with high-renown or well-known status owned by FIFA will be published on the BPTO’s official website.

Once the recordals have been completed, the BPTO will forward to the Núcleo de Informação e Coordenação do Ponto BR – NIC.br (“Brazilian Network Information Center”) a list of the relevant trademarks, for the purpose of enabling the ex officio rejection of domain name registrations that reproduce or contain expressions identical or similar to FIFA’s trademarks.

In the event that a trademark application subject to the special regime is rejected, the following deadlines shall apply to the appeal procedure:

• the deadline for filing an appeal shall be 15 (fifteen) days from the publication of the rejection decision;
• the deadline for interested parties to file counterarguments to the appeal shall be 15 (fifteen) days from the confirmation notice of the appeal;
• the BPTO’s General Coordination of Appeals and Nullities shall issue an opinion on the appeal within 15 (fifteen) days from the end of the deadline for submitting counterarguments and shall immediately forward it to the BPTO’s Presidency; and
• the Presidency of the BPTO shall decide the appeal within 20 (twenty) days, counted from the end of the deadline for submission of counterarguments.

For the operational implementation of these procedures, two specific Work Groups have been established, one for Trademarks and one for Industrial Designs, composed of BPTO officials and acting under the technical coordination of the Directorate of Trademarks, Industrial Designs and Geographical Indications (DIRMA).

The Ordinance entered into force on March 3, 2026, and the special regime and the fast-track examination procedure will remain in effect until December 31, 2027. Upon the expiration of this period:

• the maintenance of the special protections shall follow the general rules applicable to other high-renown and well-known trademarks; and
• all proceedings still pending will be subject to the ordinary examination procedures for trademarks and industrial designs, unless otherwise provided by law.

The grant of registrations may extend beyond that date, in accordance with the applicable legislation.

By Jéssica Lima

The Brazilian Patent and Trademark Office (BPTO) has announced that, as of January 22, 2026, a new update to the Industrial Designs Manual will come into effect, introducing significant adjustments to the handling of priority claims in design registration applications.

The amendments modify the examination framework by allowing, in specific circumstances, the direct declaration of the loss of priority without the prior issuance of a formal office action to the applicant. This measure aims to enhance procedural efficiency and reduce rework throughout the technical examination process.

Among the situations that may now lead to the publication of the loss of priority are inconsistencies between the Brazilian application and the priority document, failure to submit essential documents within the statutory deadline, and discrepancies between the figures filed in Brazil and those contained in the foreign priority application.

According to the BPTO, the revision of the Manual is aligned with the objective of making the examination process faster, more objective, and less costly, thereby strengthening predictability for rights holders and professionals operating in the field of industrial property.

Full details of the amendments will be made available in the Industrial Designs Manual Updates section on the BPTO’s website as of the publication date.

 

Pedro Bhering, Philippe Bhering, and José Roberto de Almeida have been recognized among the top lawyers in Brazil in the field of Intellectual Property in the 2026 edition of Best Lawyers.

Best Lawyers is a prestigious peer-reviewed publication in the legal profession. Recognition in Best Lawyers is considered an honor by clients and legal professionals, granted by peers in the legal community. For over three decades, Best Lawyers publications have earned the respect of professionals, the media, and the public as a trusted and impartial source of legal references.

Click here for more information on this important recognition.

In December 2025, the Anti-Counterfeiting and Anti-Piracy Department of Bhering Advogados, in cooperation with state law enforcement authorities, took part in two search and seizure operations carried out in different regions of Brazil.

On December 3, an operation was conducted in Downtown São Paulo at a warehouse and a retail store, in partnership with the 1st DIG/DEIC (1st General Investigations Division of the State Department of Criminal Investigations). The action resulted in the seizure of 911 infringing products, including resin statues, keychains, mugs, notebooks, pens, planners, clothing, accessories, and toys.

On December 11, Bhering Advogados participated in an operation carried out in the municipality of Carlos Barbosa, in the interior of the State of Rio Grande do Sul, at a children’s footwear manufacturing facility and its respective retail outlet/warehouse. The action was conducted by officers of the Consumer Protection Police Division of DEIC/RS and resulted in the seizure of approximately 17,000 pairs of footwear, as well as materials used in the manufacturing process.

Through a strategic and collaborative approach, the Department works closely with competent authorities to strengthen enforcement measures, combat counterfeiting and piracy, and protect intellectual property rights, contributing to the suppression of the unlawful commercialization of illicit products in the Brazilian market.

In an article published by Valor Econômico on September 30, our partner Philippe Bhering comments on the decision issued by the 1st Specialized Panel of the Tribunal Regional Federal da 2ª Região (TRF-2), which declared the nullity of the registration of the four-stripe trademark.

The three-stripe design is a highly recognized distinctive element in the apparel brand’s portfolio, and reproducing it improperly would cause consumer confusion.

According to Philippe, “the relevance of this case is not directly financial, but in the ‘intangible,’ recognizing the strength of the three stripes as a trademark”. “This decision strengthens the protection of the three stripes, confirming that they have a unique distinctive power,” he states.

To understand the case, read the full article (in Portuguese) here.

The Brazilian government has approved Resolution GIPI/MDIC No. 14, dated August 1st, which establishes the 2025–2027 Action Plan for the National Intellectual Property Strategy (ENPI). This initiative represents a significant step toward strengthening Brazil’s intellectual property system and positioning IP as a strategic pillar for innovation, competitiveness, and economic development.

Comprising approximately 150 actions, the plan focuses on expanding an IP-driven innovation ecosystem, with special attention to startups and small and medium-sized enterprises. Among its main goals are encouraging the strategic use of intellectual property to support business growth, including its use as collateral for credit, as well as fostering mentorship programs and postgraduate scholarships aimed at empowering new businesses and talent.

The Action Plan also addresses regional development, promoting initiatives in less developed areas of the country, such as the Amazon, to ensure a more inclusive and balanced innovation landscape nationwide.

Another central pillar of the strategy is the modernization of the Brazilian Patent and Trademark Office (BPTO). Measures include the use of artificial intelligence, enhanced examiner training, and improvements to the administrative structure, all aimed at optimizing procedures and making IP protection more accessible, efficient, and reliable.

To ensure effectiveness and adaptability, the implementation of the plan will be closely monitored through semi-annual reports, with the possibility of annual adjustments in line with market needs and technological developments.

Bhering Advogados is closely monitoring these developments and remains committed to guiding clients through this transformative period, helping them leverage intellectual property as a strategic asset in an evolving regulatory and economic environment.

From August 17 to 19, 2025, the 45th International Congress of the Associação Brasileira da Propriedade Intelectual (ABPI) was held in São Paulo. This year’s theme was “Collaboration in the Age of Intelligence.”

Partner Philippe Bhering served as moderator of Panel 6, entitled “Trademark Enforcement Strategies in Latin America: Investigating and Combating Infringements.” The panel featured Juliana Souza, Head of IP Enforcement for LATAM at Puma; Julie Mejía, Head of IP Enforcement for LATAM at Procter & Gamble; Maria Elena Lambraño, Head of IP Enforcement for LATAM at Chanel; and Thainá Marques, Head of IP Enforcement for LATAM at MF Brands/Lacoste.

The discussion covered multiple aspects of anti-counterfeiting efforts in the region, including civil and criminal enforcement measures; border measures; joint operations involving different authorities; investigations; training initiatives; defense strategies; the risks counterfeit products pose to consumer health; and online monitoring.

Brand representatives highlighted the engagement and collaborative approach of Brazilian authorities at different levels in combating piracy.

From August 17 to 19, 2025, Bhering Advogados will take part in the Annual Meeting of the Associação Brasileira da Propriedade Intelectual (ABPI)—the largest intellectual property event in Latin America—held in São Paulo, Brazil.

The firm will be represented by Philippe Bhering, José Roberto de Almeida Junior, Thiago Ruschi, Igor Araújo, Marcelo Bruce Baptista, Victória Verussa, and Jaqueline André.

This year’s conference theme is “Collaboration in the Age of Intelligence,” aligned with global discussions on artificial intelligence, regulation, sustainability, and the future of innovation.

More information about the conference is available at http://2025congresso.abpi.org.br/
.

Founded on August 16, 1963, ABPI brings together companies, research institutes and universities, law firms, and industrial property agents from Brazil and abroad. Over its 60-year history, the association has promoted knowledge and fostered discussions on the importance of intellectual property in Brazil and worldwide.

The Brazilian Patent and Trademark Office (BPTO) has announced an update to its Fee Schedule, which will come into effect on August 7, 2025. The updated schedule is available at this link.

Authorized by Ordinance GM/MDIC No. 110/2025, dated May 9, 2025, the new schedule was established through Ordinance INPI/PR No. 10/2025, published in the Official Federal Gazette (DOU) on May 12, 2025.

According to BPTO, the update aims to ensure the economic sustainability of the Institute, enabling the full coverage of its operational costs and investments in expansion and technological modernization, in line with the growing demand.

In addition to adjustments in the fees for the services offered by the Institute, the new schedule introduces new services and procedures, as well as nomenclature revisions to simplify the use of the system by users.

 

I.       Fee Update:

With an overall average adjustment of 24%, the fee update promoted by BPTO in 2025 was based on a multifactorial technical analysis, considering five key factors: (i) INPI’s Strategic Planning; (ii) Service costs; (iii) International benchmarking; (iv) Inflation analysis; and (v) Qualitative analysis conducted by the technical areas.

 

II.     New Trademark Services and Procedures

Among the new features related to trademark services, the following stand out: (i) the implementation of priority processing; (ii) the change in the timing of payment for the approval of registration requests; (iii) the 2.0 opposition model (or simplified opposition); and (iv) the possibility of proving acquired distinctiveness.

 

II.1    Priority Trademark Examination Process

The new fee schedule established two types of priority processing:

 

• Priority Trademark Processing with Fee Waiver (code 3019); and
• Priority Trademark Processing for Strategic or Public Policy Reasons (code 3020).

According to BPTO, this measure aims to structure the trademark examination prioritization procedure, which is currently only available to individual applicants whose priority is legally guaranteed, such as the elderly, people with disabilities, or those with serious illnesses.

Currently, prioritization of the examination can be requested through the customer support system (“Fale Conosco”, in Portuguese), where the applicant must attach official documentation proving their priority in the electronic form. With the structuring of the service and the creation of specific codes, priority queues will be created, including for registration requests filed through the Madrid Protocol, and prioritization can be requested through a specific petition.

It is important to note that priority processing will apply to both the examination of registration requests and the examination of petitions, similarly to the priority processing procedure for patents.

Regarding the priority processing with a fee waiver, no fee will be charged. As for the priority processing for strategic or public policy reasons, the INPI fee will be R$ 890.00, and there will be a quota limit.

During the “Meeting with Trademark Users” held on May 12, 2025, as part of INPI’s “Permanent Dialogue with Stakeholders” project, which covered the prioritization of trademark examinations among other topics, the Institute clarified that this is part of a Pilot Project and explained that the priority processing for strategic or public policy reasons will apply to: (i) Scientific and Technological Institutions (ICTs); (ii) Release of public financial resources; (iii) Legal action (federal or state); (iv) Patented product or service with priority; (v) Individual mentoring by BPTO (ACTs); (vi) Right of precedence for registration; and (vii) Public interest or national emergency.

II.2    Combination of First Decade and Registration Application Fees

From August 7, 2025 (the date the new BPTO fee schedule takes effect) until September 19, 2025, the payment of both the registration application fee and the first decade fee will continue to be made separately. However, it is important to note that during this period, the fees for both the registration application and the first decade will have the following adjustments:

• Trademark registration application (with pre-approved specification), per class (code 389): from R$ 355.00 to R$ 360.00 (1.4% increase); and
• Trademark registration application (with free specification), per class (code 394): from R$ 415.00 to R$ 240.00 (1.2% increase);
• First decade of trademark registration validity and certificate issuance, ordinary term (code 372): from R$ 745 to R$ 750 (0.7% increase). This only applies to requests granted before 09/20/2025;
• First decade of trademark registration validity and certificate issuance, extraordinary term (code 373): from R$ 1,115 to R$ 1,120 (0.4% increase). This only applies to requests granted before 09/20/2025.

Starting from September 20, 2025, the payment for the first decade of a trademark registration’s validity must be made at the time of the registration application, through a unified fee, with the following values:

• Trademark registration application (with pre-approved specification), per class + First decade of trademark registration validity and certificate issuance, ordinary term: R$ 880;
• Trademark registration application (with free specification), per class + First decade of trademark registration validity and certificate issuance, ordinary term: R$ 1,720.

Similarly, from August 7, 2025 (the date the new BPTO fee schedule becomes effective) until September 19, 2025, the payment of the designation receipt and registration grant fees will continue to be made separately, but with the following adjustments:

• Received designation, per class (code 3011): from R$ 415.00 to R$ 420.00 (1.2% increase); and
• Grant of registration and certificate issuance, per class (code 3012): from R$ 1,160 to R$ 1,720 (48.3% increase). This only applies to requests granted before 09/20/2025.

Starting from September 20, 2025, for registration applications received via the Madrid Protocol, the payment for the grant of registration must be made at the time of payment for the designation receipt fees, through a unified fee:

• Received designation, per class + Grant of registration and certificate issuance: R$ 1,720.00.

 

III.3    Opposition 2.0 (or Simplified Opposition)

Another important update reflected in the new fee schedule is the introduction of the “Opposition 2.0” model, or simplified opposition, which will become effective on December 20, 2025.

This new opposition model will consist of a simplified electronic form for filing oppositions based exclusively on Article 124, Section XIX of Law No. 9,279/1996 (the Industrial Property Law – LPI) and limited to 5 prior conflicting trademarks per class.

In the electronic form for Opposition 2.0, it will not be possible to present any written text or supporting documents related to the opposition’s claims.

Opposition 2.0 must be submitted via service code 3022, and the respective fee will be R$ 360.00. It’s important to note that with this update, the fee for the standard opposition procedure (code 332) will be adjusted from R$ 355.00 to R$ 520.00 (46.5% increase) starting from August 7, 2025.

The aim of this change is to expedite the examination of oppositions based exclusively on Section XIX, and the examination of oppositions that opt for this model may be prioritized by DIRMA.

 

III.4    Proof of Acquired Distinctiveness

The new fee schedule also introduced the service “Submission of documents for proof of acquired distinctiveness,” under the new code 3021. Through this service, users will have the opportunity to prove that their trademark has become distinctive through use, as a measure to challenge or reverse a potential refusal of the registration application.

The fees applicable to this new service are R$ 4,700 per request, and the service can be requested through a petition containing documents that prove the acquisition of distinctiveness at the following stages of the process:

1. At the time of filing the registration application;
2. Up to 60 days from the publication date of the registration application;

• In an appeal against the refusal; or

1. In response to an opposition or administrative nullity procedure of the registration, as a defense.

The relatively high fees, in comparison to most other trademark services, should also be factored in the development of a trademark protection strategy.

 

III.      Discounts

BPTO’s discount policy will be maintained and expanded under the new fee schedule.

For individuals who are economically disadvantaged and people with disabilities (PwD), who are registered with the Cadastro Único (CadÚnico) and the Federal Government’s Register of People with Disabilities, respectively, a 100% discount will be offered on BPTO fees for eligible “entry services,” and a 50% discount will be offered for other eligible services.

Article 3 of Ordinance INPI/PR No. 10/2025, dated May 12, 2025, lists the following services as “entry services” eligible for discounts:

1. Patents:

• National invention application; National utility model application; National invention certificate of addition application (code 200);

1. Trademarks:

• Trademark registration application (with pre-approved specification), per class (applicable from 08/07/2025 to 09/19/2025) (code 389);
• Trademark registration application (with free specification), per class (applicable from 08/07/2025 to 09/19/2025) (code 394);
• Industrial Designs:
• Industrial design registration application (code 100);

1. Contracts:

• Application for registration of technology supply contract (know-how) (code 400);
• Application for registration of technical and scientific assistance services contract (code 401);
• Application for annotation of trademark license agreement (code 402);
• Application for annotation of patent license agreement (code 403);
• Application for registration of franchise agreement (code 404);
• Application for registration of invoice (code 406);
• Application for annotation of industrial design license agreement (code 425);
• Application for annotation of compulsory license for patent exploitation (code 426);
• Application for annotation of trademark assignment agreement (code 427);
• Application for annotation of patent assignment agreement (code 428);
• Application for annotation of industrial design assignment agreement (code 430);
• Application for annotation of Integrated Circuit Topography License Agreement (code 433);
• Application for annotation of Integrated Circuit Topography Assignment Agreement (code 434);
• Application for annotation of compulsory license for the exploitation of Integrated Circuit Topography (code 435).

Additionally, the 50% discount offered by BPTO on the fees for certain services remains in place for: individual persons (who do not have a stake in a company within the sector of the item to be registered, provided the company itself is not already entitled to the discount); microenterprises, individual microentrepreneurs, and small businesses, as defined by Complementary Law No. 123, dated December 14, 2006; simple innovation companies, as defined by Complementary Law 167/2019; scientific, technological, and innovation institutions (ICTs), as per Law No. 10,973, dated December 2, 2004; non-profit entities, as well as public bodies.

 

*        *        *

SOURCES:

https://www.gov.br/inpi/pt-br/inpi-data/precificacao-dos-servicos

https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/inpi-atualiza-tabela-de-retribuicoes-para-modernizacao-e-inclusao-social

https://www.in.gov.br/en/web/dou/-/portaria-gm/mdic-n-110-de-5-de-maio-de-2025-628517946

https://www.in.gov.br/en/web/dou/-/portaria-inpi/pr-n-10-de-9-de-maio-de-2025-628603493

https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/inpi-oferece-exames-prioritarios-para-idosos

https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/inpi-faz-encontro-com-usuarios-de-marcas-em-12-de-maio

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.