Registering your trademark with the National Institute of Industrial Property (INPI) is a crucial step in securing your brand’s exclusivity. However, even after approval, your trademark can still face a Pedido de Caducidade (Trademark Cancellation Request). If you fail to prove the active use of your brand, INPI may cancel your registration, allowing others to claim it.
In this article, you will learn:
✔ What a Pedido de Caducidade is
✔ Why trademarks get challenged for cancellation
✔ How to defend your brand and avoid losing your rights
What Is a Pedido de Caducidade?
A Pedido de Caducidade is a legal request filed with INPI to cancel a registered trademark if the owner has not been actively using it for at least five consecutive years.
This request is usually made by:
📌 Competitors who want to use a similar name but are blocked by an inactive trademark.
📌 Third parties who believe the brand owner is no longer using the trademark.
Once a Pedido de Caducidade is filed, the trademark owner has 60 days to submit a defense proving the brand’s active use. If no response is submitted, INPI may cancel the trademark, making it available for others to register.
Why Might Your Trademark Face a Cancellation Request?
🔍 Your brand could be targeted for cancellation if:
✔ You haven’t used your trademark in commercial activities.
✔ You modified your brand name or logo without updating INPI.
✔ A competitor wants to register a similar name and needs yours to be canceled.
✔ The registration was defensive (only filed to block others, without actual use).
To keep your brand protected, you must prove continuous use of your trademark.
How to Defend Your Trademark Against a Cancellation Request?
If your brand faces a Pedido de Caducidade, your best defense is to submit concrete evidence of commercial use over the past five years.
1. Commercial and Financial Documents
✔ Invoices, sales receipts, and contracts showing transactions under your trademark.
✔ Import/export records proving the brand’s use in international markets.
2. Advertising and Marketing Materials
✔ Online and offline ads featuring your brand name and logo.
✔ Social media posts, campaigns, and newsletters promoting your trademark.
✔ Press releases and media coverage mentioning your brand.
3. Website and Digital Presence
✔ Screenshots of your official website showing active use of the trademark.
✔ Domain name registration proving ownership.
✔ Blog posts, articles, and promotional content featuring the trademark.
4. Product Packaging and Labels
✔ Photos of products displaying the trademark.
✔ Labels, brochures, and packaging featuring the brand.
✔ Retail store listings and e-commerce pages showing the brand in use.
5. Employee Uniforms and Business Signage
✔ Storefront signs with the trademark.
✔ Business cards, letterheads, and corporate documents featuring the brand name.
✔ Company uniforms with the trademark displayed.
6. Participation in Trade Fairs and Industry Events
✔ Registration documents for trade shows or conferences where the brand was showcased.
✔ Photos of exhibition booths, promotional stands, and sponsorship banners.
✔ Event partnerships or collaborations featuring the trademark.
How to File a Defense Against a Trademark Cancellation Request?
If your trademark faces a Pedido de Caducidade, follow these steps to submit a strong defense:
Step 1: Gather Evidence of Use
✔ Collect documents proving continuous commercial use of your brand in the past five years.
✔ Ensure that the documents are dated and clearly link to your trademark.
Step 2: Draft a Strong Legal Defense
✔ Explain how your brand has been actively used in commerce.
✔ Highlight the importance of your brand in the market.
✔ If necessary, cite legal precedents and trademark laws to support your defense.
Step 3: Submit the Defense to INPI
✔ Log in to e-INPI and select Manifestação ao Pedido de Caducidade.
✔ Upload all supporting documents and pay the required fee.
✔ Monitor INPI’s decision in the Revista da Propriedade Industrial (RPI).
📌 Estimated Fee (2025):
- Individuals/Microbusinesses: Around BRL 142
- Companies: Around BRL 355
What Happens After You File Your Defense?
✅ If INPI Accepts Your Evidence
Your trademark remains valid and protected, ensuring exclusive rights to your brand.
❌ If INPI Rejects Your Defense
If your defense is not accepted, INPI may cancel your trademark, allowing others to register it. If this happens, you can:
✔ File an appeal (Recurso Contra o Arquivamento) to contest the decision.
✔ Reapply for the trademark, ensuring continuous use moving forward.
How to Prevent Future Trademark Cancellation Requests?
✔ Use Your Trademark Consistently
- Ensure that your brand is actively used in all business operations.
✔ Keep Marketing and Sales Records
- Regularly document and save proof of trademark usage.
✔ Monitor INPI for Potential Threats
- Check RPI publications to identify potential conflicts early.
✔ Update INPI If You Make Brand Modifications
- If you change your logo, name, or classification, notify INPI to avoid disputes.
✔ Renew Your Trademark on Time
- A registered trademark is valid for 10 years—make sure to renew it before expiration.
Conclusion: Keep Your Trademark Protected from Cancellation
If your trademark faces a cancellation request, you must act quickly and strategically to prove its active use and defend your rights.
📌 Gather strong evidence of commercial use
📌 Submit a well-prepared defense to INPI within 60 days
📌 Monitor your trademark status to prevent future challenges
By taking these proactive measures, you can protect your brand and maintain exclusive rights over your trademark.
