Introduction
A registered trademark grants exclusive rights to a brand name, logo, or slogan for 10 years, but protection is not permanent unless it is renewed. Failing to renew a trademark on time can lead to loss of rights, allowing competitors to register and use your brand.
To maintain continuous legal protection, trademark owners in Brazil must follow the renewal process through INPI (Instituto Nacional da Propriedade Industrial). This article provides a step-by-step guide to renewing a trademark and avoiding common mistakes.
1. When Should You Renew a Trademark?
A trademark registration in Brazil is valid for 10 years from the approval date.
📌 Trademark Renewal Timeline:
✅ Renewal Window: Trademark owners can apply for renewal from 1 year before expiration until the last day of validity.
✅ Grace Period: If the renewal deadline is missed, INPI allows a 6-month grace period (with an additional fee).
✅ If Not Renewed: The trademark is canceled, and others can register it.
🚨 Example:
- Trademark Registration Date: March 15, 2014
- Expiration Date: March 15, 2024
- Renewal Period: March 15, 2023 – March 15, 2024
- Grace Period: March 16 – September 15, 2024
2. Why Is Trademark Renewal Important?
✅ Prevents Loss of Ownership – A non-renewed trademark becomes available for others to register.
✅ Avoids Rebranding Costs – Losing a trademark may require changing brand identity, logos, and marketing materials.
✅ Maintains Business Reputation – Ensures brand continuity and customer trust.
✅ Protects Against Competitors – Renewal keeps exclusive rights to the brand.
3. How to Renew a Trademark Registration with INPI?
Step 1: Check Trademark Expiration Date
Before renewing, verify the registration status and expiration date on INPI’s website:
🔍 How to Check a Trademark’s Expiration Date:
- Visit www.inpi.gov.br.
- Search for the trademark registration number.
- Confirm the validity period and renewal deadline.
Step 2: Prepare the Renewal Application
To renew a trademark, submit an official renewal request through INPI’s system.
📌 Required Information:
✅ Trademark Registration Number
✅ Owner’s Identification (CPF/CNPJ)
✅ Current Business Information
📌 Fees:
- Standard Renewal Fee: Applied if renewed before expiration.
- Late Renewal Fee: Higher fee if renewed during the 6-month grace period.
Step 3: Submit the Renewal Request to INPI
1️⃣ Log into INPI’s Online System and access the Trademark Renewal Section.
2️⃣ Fill out the renewal form with updated information.
3️⃣ Pay the renewal fee through INPI’s payment system.
4️⃣ Submit the request and receive a confirmation number.
Step 4: Wait for INPI’s Approval
After submission, INPI will review and process the renewal request.
📌 Processing Time: Trademark renewal approvals take 2 to 6 months.
Step 5: Receive the Updated Trademark Certificate
Once INPI approves the renewal, the owner receives a new certificate, extending protection for another 10 years.
✅ The trademark remains valid and enforceable against infringers.
4. What Happens If You Miss the Renewal Deadline?
🚨 If the Renewal Period Expires:
- The trademark enters a 6-month grace period, where it can still be renewed for an extra fee.
🚨 If the Grace Period Expires:
- The trademark loses legal protection.
- Any business can register the same name or logo.
- The original owner must reapply from the beginning, risking rejection.
5. How to Avoid Losing Your Trademark?
✅ Set Renewal Reminders: Use calendar alerts or legal services to track renewal dates.
✅ Renew Early: Avoid last-minute delays by applying at least 6 months before expiration.
✅ Monitor INPI Updates: Changes in trademark laws or fees may affect the renewal process.
✅ Hire a Trademark Attorney: If managing multiple trademarks, a legal expert can oversee renewals.
6. Common Mistakes to Avoid
❌ Waiting Until the Last Minute – Delays can lead to missed deadlines and loss of rights.
❌ Forgetting to Update Business Information – Ensure that INPI has correct owner details.
❌ Not Checking Trademark Status Regularly – Keep track of renewal periods to avoid expiration.
❌ Assuming Renewal Is Automatic – Trademarks must be actively renewed by the owner.
Conclusion
Trademark renewal is essential to maintain exclusive rights and brand protection in Brazil. By renewing a trademark every 10 years, businesses can prevent legal disputes, financial losses, and brand identity risks.
✅ Check the renewal deadline on INPI’s website.
✅ Submit the renewal request before expiration to avoid extra fees.
✅ Monitor renewal periods to maintain full legal protection.
By taking the right steps on time, businesses can secure their brand for the long term and avoid unnecessary legal complications.
