Introduction

Registering a trademark is an essential step for businesses and entrepreneurs who want to protect their brand identity in Brazil. The National Institute of Industrial Property (INPI – Instituto Nacional da Propriedade Industrial) is the government agency responsible for handling trademark applications. However, one of the most frequently asked questions by applicants is: How long does it take to register a trademark with INPI?

The trademark registration process involves multiple stages, including application submission, examination, opposition period, and final approval. While the process can take 12 to 24 months on average, the actual timeframe may vary depending on factors such as legal challenges, oppositions, and INPI’s backlog.

In this article, we will explore each stage of the trademark registration process in Brazil, potential delays, and ways to expedite the procedure.

Why Does Trademark Registration Take Time?

Unlike domain name registration, which is instantaneous, trademark registration follows a structured legal examination process to ensure that a trademark is unique and does not infringe upon existing rights. The key factors affecting the processing time include:

• Application backlog at INPI.
• Oppositions filed by third parties.
• Errors in the application requiring corrections.
• Time taken for INPI’s formal examination.

Step-by-Step Timeline of Trademark Registration in Brazil

1. Trademark Search (Optional) – 1 to 2 Weeks

Before submitting an application, it is highly recommended to conduct a trademark search to check if the desired trademark is already registered or in use.

• Manual search using INPI’s online database: Immediate results.
• Professional search through a trademark attorney: 1-2 weeks for a detailed analysis.

2. Filing the Application – 1 Day

The actual filing of the trademark application takes only a few hours when submitted online via INPI’s e-INPI platform.

• Required documents must be prepared and uploaded.
• The applicant must pay the official filing fee.
• Once the submission is confirmed, the application receives a protocol number.

3. Formal Examination – 2 to 3 Months

After submission, INPI conducts a formal examination to check if the application complies with legal and administrative requirements.

• If documents are missing or incorrect, INPI may issue an office action, requiring corrections.
• If no issues arise, the application moves to the next stage.

4. Trademark Publication in the Official Gazette – 3 to 6 Months

Once the formal examination is complete, the trademark application is published in the Official Gazette (Revista da Propriedade Industrial – RPI). This allows third parties to file oppositions.

• Opposition period lasts 60 days.
• If no oppositions are filed, the application proceeds to substantive examination.

5. Opposition Phase (If Applicable) – 6 to 12 Months

If a third party believes the trademark is too similar to an existing one, they may file an opposition within 60 days of publication.

• The applicant is given a chance to respond.
• INPI evaluates both sides and issues a decision.
• This phase can extend the timeline by several months.

6. Substantive Examination – 6 to 12 Months

During the substantive examination, INPI checks if the trademark meets all legal requirements.

• If the trademark is unique and does not conflict with existing marks, it is approved.
• If the trademark violates any legal provisions, INPI may issue a rejection.
• The applicant can file an appeal within 60 days if rejected.

7. Final Decision and Registration Fee Payment – 1 to 3 Months

Once the application is approved, the applicant must pay the final registration fee within the given deadline.

• After payment, INPI issues the Trademark Registration Certificate.
• The trademark is officially registered for 10 years.

Total Estimated Time for Trademark Registration

Phase	Estimated Time
Trademark Search (Optional)	1-2 weeks
Application Filing	1 day
Formal Examination	2-3 months
Publication in the Official Gazette	3-6 months
Opposition (If Any)	6-12 months
Substantive Examination	6-12 months
Final Registration Fee Payment	1-3 months
Total Average Time	12-24 months

Factors That May Delay Trademark Registration

Several factors can prolong the process beyond 24 months:

1. High Application Volume: INPI experiences delays due to large numbers of applications.
2. Errors in Application: Missing documents or incorrect information require resubmission.
3. Trademark Oppositions: Disputes from competitors extend the examination process.
4. Legal Disputes or Appeals: If the trademark is rejected and appealed, the process can take longer.

How to Speed Up the Trademark Registration Process

If you want to increase your chances of faster approval, consider the following strategies:

1. Conduct a Prior Trademark Search

• Searching the INPI database before applying can prevent conflicts and oppositions.
• If a similar trademark exists, you may need to adjust your application.

2. Submit a Complete and Correct Application

• Ensure all required documents are included.
• Select the correct Nice Classification for your industry.
• Double-check all business details to avoid processing delays.

3. Monitor the Application Status Regularly

• Check INPI’s Official Gazette (RPI) for updates.
• Respond to office actions or oppositions promptly.
• Set up reminders for deadlines to avoid missing important steps.

4. Consider Professional Assistance

• Hiring a trademark attorney can help avoid mistakes.
• Legal professionals handle oppositions and appeals effectively.

Can You Use a Trademark Before Registration is Complete?

Yes, a business can start using a trademark while the application is pending. However:

• The applicant cannot use the ® (registered trademark) symbol until INPI grants registration.
• Using ™ (trademark pending) is allowed to indicate the application is in process.
• If the trademark is rejected, the business may need to rebrand, leading to additional costs.

What Happens After Registration?

Once registered, the trademark owner must:

• Use the trademark in commerce to maintain its validity.
• Monitor the market to prevent unauthorized use by competitors.
• Renew the trademark every 10 years to keep ownership rights.

Conclusion

Registering a trademark with INPI typically takes 12 to 24 months, but it can take longer if oppositions or legal challenges arise. Careful preparation, accurate submission, and proactive monitoring can help speed up the process and increase the chances of approval.

By understanding the registration timeline and potential delays, businesses can plan effectively and protect their brand identity with minimal risk and complications.