Once you have successfully registered your trademark with the National Institute of Industrial Property (INPI) in Brazil, your legal protection is not permanent unless you actively use your brand in commerce. If someone files a Pedido de Caducidade (Trademark Cancellation Request) against your trademark, you must prove that you are using it to avoid losing your rights.
In this article, you will learn:
✔ What a Pedido de Caducidade is
✔ Why your trademark might be challenged
✔ How to gather strong evidence to defend your brand
What Is a Pedido de Caducidade (Trademark Cancellation Request)?
A Pedido de Caducidade is a legal request filed with INPI to cancel a registered trademark if the owner has not been using it for at least five consecutive years after registration.
This request is usually made by:
📌 Competitors who want to use a similar name but are blocked by an inactive registration.
📌 Third parties who believe the trademark holder is not actively using the brand.
If a Pedido de Caducidade is filed against your brand, you have 60 days to submit a defense proving its use. If you fail to respond, INPI may cancel your trademark, making it available for registration by others.
Why Might Your Trademark Face a Cancellation Request?
🔍 Your brand may be targeted for cancellation if:
✔ You haven’t used your trademark for an extended period.
✔ You changed the brand name or logo without updating INPI.
✔ A competitor wants to register a similar trademark and needs yours to be canceled.
✔ Your registration was defensive (you registered but never intended to use it).
To protect your brand, you must demonstrate continuous commercial use of your trademark.
How to Prove the Use of Your Trademark?
If your brand faces a Pedido de Caducidade, your best defense is to submit concrete evidence showing that your trademark has been actively used in the last five years.
1. Commercial and Financial Documents
✔ Invoices and receipts showing sales transactions under your trademark.
✔ Contracts with suppliers, distributors, or franchise agreements using the brand.
✔ Proof of product imports or exports with your trademark name.
2. Advertising and Marketing Materials
✔ Advertisements in magazines, newspapers, or online platforms using the brand name.
✔ Social media campaigns (Facebook, Instagram, LinkedIn, etc.) promoting your trademark.
✔ Email marketing campaigns and newsletters showing active engagement.
3. Website and Domain Registrations
✔ Screenshots of your official website displaying the trademark.
✔ Domain name registration proving your online presence.
✔ Blog posts, articles, or digital content featuring the trademark.
4. Product Packaging and Labels
✔ Photos of products with the registered brand name or logo.
✔ Labels, brochures, and product manuals featuring the trademark.
✔ Retail store displays or e-commerce listings showcasing the brand.
5. Employee Uniforms and Business Signage
✔ Photographs of company uniforms with the trademark.
✔ Storefront signs displaying the registered brand name.
✔ Business cards, letterheads, and office signage featuring the trademark.
6. Participation in Trade Fairs and Industry Events
✔ Registration documents for trade shows or conferences where the brand was promoted.
✔ Photos of booths, banners, and promotional materials featuring the trademark.
✔ Event sponsorships or partnerships using the brand name.
How to File a Defense Against a 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 all documents proving continuous use of your trademark in the past five years.
✔ Ensure that dates are visible and align with the required period.
Step 2: Prepare a Legal Defense
✔ Explain how your brand has been actively used in commerce.
✔ Highlight the relevance of your brand in the market.
✔ If necessary, cite legal precedents and trademark laws to strengthen your argument.
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
Congratulations! Your trademark will remain valid and protected.
❌ If INPI Rejects Your Defense
Your trademark may be canceled, 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 active 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
- Watch for competing applications that may challenge your brand.
✔ 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: Protect Your Trademark from Cancellation
If your trademark faces a cancellation request, you must act quickly and strategically to prove its active use.
📌 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 safeguard your brand and maintain exclusive rights to your trademark.
