Understand the Main Changes in the New BPTO Fee Schedule
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:
- At the time of filing the registration application;
- Up to 60 days from the publication date of the registration application;
- In an appeal against the refusal; or
- 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:
- Patents:
- National invention application; National utility model application; National invention certificate of addition application (code 200);
- 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);
- 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.
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SOURCES:
https://www.gov.br/inpi/pt-br/inpi-data/precificacao-dos-servicos
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
