The Brazilian PTO has issued new regulations significantly expanding priority examination for trademark applications in Brazil, introducing broader eligibility criteria and procedural simplifications.

The new framework becomes effective on May 1, 2026, marking Phase II of the pilot project.

 

Trademark priority examination in Brazil: key overview

Brazil currently provides three main priority routes:

• Legal priority (elderly, disabled persons, serious illness cases);
• Strategic/public policy-based priority;
• Marks related to official government events.

A special regime also applies to the FIFA Women’s World Cup 2027, with accelerated examination procedures.

 

New priority eligibility categories

As of May 2026, new categories include:

• Businesses requiring registration to operate in digital marketplaces;
• Startups (outside the Inova Simples framework);
• Applicants linked to Madrid Protocol filings;
• Applicants covered by international cooperation agreements (PPH/TPH);
• Entities dependent on trademark registration for public licensing;
• Traditional communities and agricultural collectives.

 

Procedural simplification and efficiency

The new regulations also introduce:

• Reduced documentary burden;
• Streamlined preliminary assessment for precedence claims;
• More flexible evidentiary standards.

 

Quota system and limits

Phase II establishes:

• 3,000 priority requests available in 2026;
• Maximum of 10 requests per applicant;
• Minimum quotas allocated per category.

 

Strategic implications for trademark owners

The expansion of priority examination creates significant opportunities to:

• Accelerate trademark protection in Brazil;
• Support time-sensitive commercial operations;
• Align local filings with global IP strategies;
• Mitigate enforcement and competitive risks.

In a fast-evolving legal and commercial environment, leveraging priority examination mechanisms becomes a critical component of trademark portfolio management.