Registering a trademark with the National Institute of Industrial Property (INPI) in Brazil is a crucial step in securing legal protection for your brand. However, not all applications are approved on the first attempt. If your trademark has been rejected (indeferido), don’t panic—there are ways to appeal the decision and improve your chances of success.
In this article, we will explain:
✔ Why trademarks get rejected
✔ How to appeal an INPI decision
✔ Strategies to increase your approval chances
Why Does INPI Reject a Trademark Application?
INPI may reject a trademark application for various reasons. The most common include:
1. Similarity to an Existing Trademark
🔍 If your trademark is too similar to another already registered in the same category, INPI may reject it to prevent consumer confusion.
📌 Example: If you apply for “SmartFitz” in the fitness industry and “SmartFit” is already registered, your application may be denied.
2. Generic or Descriptive Terms
📌 INPI does not approve names that are too generic or descriptive of the product or service.
🚨 Example: Trying to register “Delicious Bread” for a bakery will likely be rejected because it describes the product rather than creating a unique identity.
3. Violation of Legal Restrictions
🚨 Some symbols, words, and brand elements cannot be registered, such as:
- Government symbols (flags, seals, official names)
- Offensive or immoral words
- Common use words that cannot be exclusively owned
4. Failure to Meet INPI’s Formal Requirements
📌 If the application contains errors, such as missing documents, incorrect classifications, or unclear descriptions, INPI may reject it.
How to Appeal an INPI Trademark Rejection (Recurso ao Indeferimento)
If your trademark is denied, you can file an appeal (Recurso ao Indeferimento) within 60 days of the rejection notice being published in the Revista da Propriedade Industrial (RPI).
Here’s how to do it:
Step 1: Understand the Reason for Rejection
✔ Access the INPI decision in the RPI
✔ Identify the specific reason why your application was rejected
✔ Compare your trademark with existing registrations if similarity was the issue
Step 2: Gather Strong Evidence
To strengthen your appeal, collect documents proving that your brand deserves to be registered:
✔ Proof of commercial use – Show that your brand is already in the market (e.g., invoices, contracts, website screenshots).
✔ Market differentiation study – Demonstrate that your brand is distinct from similar ones.
✔ Legal arguments – Cite relevant trademark laws to support your claim.
Step 3: Prepare a Strong Legal Argument
Your appeal must clearly explain why your trademark should be approved, addressing INPI’s concerns.
📌 If the reason for rejection is similarity to an existing brand, emphasize the differences in spelling, pronunciation, target audience, or industry focus.
📌 If the rejection was due to a generic term, argue that your brand has acquired distinctiveness through usage in the market.
📌 If the issue was formal errors, correct them and resubmit the application.
Step 4: Submit Your Appeal to INPI
✔ Log in to e-INPI
✔ Go to the trademark services section
✔ Select Recurso ao Indeferimento
✔ Upload your appeal and pay the required fee
📌 Current appeal fee (2025 estimates):
- Individuals/Microbusinesses: Around BRL 142
- Companies: Around BRL 355
What Happens After You File an Appeal?
✅ If Your Appeal Is Approved
Great news! Your trademark will proceed to registration, and you will need to pay the final registration fee.
❌ If Your Appeal Is Denied
Your trademark will remain rejected, and you will have to:
- Modify your trademark and submit a new application
- Consider a legal challenge in federal court (if applicable)
How to Increase Your Chances of Trademark Approval
To avoid rejection and improve your chances of success, follow these best practices:
1. Conduct a Prior Trademark Search
✔ Check for similar trademarks in the INPI database before applying.
✔ Modify your brand name if there is a risk of conflict.
2. Choose a Unique and Registrable Name
✔ Avoid common or descriptive terms.
✔ Combine words creatively to form a distinctive brand name.
3. Classify Your Trademark Correctly
✔ Ensure that you select the correct Nice Classification category for your product/service.
✔ A misclassification can lead to rejection.
4. Hire a Trademark Specialist
✔ A trademark attorney or specialist can help draft a strong application and respond to INPI rejections effectively.
Conclusion: Appeal Strategically to Protect Your Brand
If your trademark is rejected, you still have a chance to reverse the decision by filing an appeal (Recurso ao Indeferimento).
📌 Act quickly within 60 days
📌 Gather strong evidence and legal arguments
📌 Submit your appeal through INPI’s online system
By taking proactive steps like conducting a trademark search, choosing a unique brand name, and properly classifying your application, you can significantly increase your chances of approval and avoid rejection in the first place.
