Registering a trademark with the National Institute of Industrial Property (INPI) is a strategic step to protect your brand. However, sometimes the process does not go as planned, and your application may face definitive archiving (arquivamento definitivo). This means that your trademark has been officially denied and archived, preventing its approval.
If you believe the rejection was unfair or incorrect, you still have one last chance: filing a Recurso Contra Arquivamento Definitivo do Registro de Marca (Appeal Against Definitive Archiving). In this article, you’ll learn:
✔ What a definitive archiving means
✔ Why a trademark reaches this stage
✔ How to file an appeal and increase your chances of success
What Is a Recurso Contra Arquivamento Definitivo?
A Recurso Contra Arquivamento Definitivo is a legal appeal that allows you to contest INPI’s final decision to deny and archive your trademark application.
When a trademark is definitively archived, it means that:
📌 INPI has completely rejected your application.
📌 You have exhausted the standard appeal process, and the rejection was maintained.
📌 The only way to recover the trademark is through a formal legal appeal.
🚨 Important: This is your final opportunity to challenge INPI’s decision before your trademark is permanently lost.
Why Does a Trademark Face Definitive Archiving?
1. Repeated Rejections from INPI
If your trademark application was denied multiple times, and your previous appeals were unsuccessful, INPI may definitively archive your case.
🚨 Example: You applied for “EcoStyle”, and INPI rejected it due to similarity with an existing brand. After an unsuccessful appeal, the application was archived.
2. Failure to Respond to an Office Action or Opposition
📌 If you received an INPI notification (exigência) requesting additional documents, clarification, or changes, but failed to respond on time, your trademark may be archived.
🚨 Example: INPI requested additional classification details for your brand, but you missed the deadline to submit corrections.
3. Lack of Sufficient Evidence in a Previous Appeal
📌 If you filed a Recurso ao Indeferimento (Appeal Against Rejection) but did not provide strong enough evidence, INPI may have maintained the rejection and archived your case.
🚨 Example: You argued that your trademark was unique, but failed to present market differentiation studies or commercial use proof.
4. Legal Restrictions or Prohibited Terms
📌 If your trademark includes government symbols, offensive language, or generic terms, INPI may permanently deny it, making an appeal difficult.
🚨 Example: You applied to register “100% Organic” for food products, but INPI archived it because descriptive terms cannot be exclusively owned.
How to Appeal a Definitive Archiving Decision?
If your trademark was definitively archived, follow these steps to file an appeal and attempt to reverse the decision:
Step 1: Analyze the Reason for Archiving
✔ Access the Revista da Propriedade Industrial (RPI) and locate INPI’s decision.
✔ Identify the exact reason why your trademark was definitively archived.
✔ Compare your case with previous successful appeals for similar trademarks.
Step 2: Gather Strong Supporting Evidence
To increase your chances of success, submit additional legal and commercial evidence that was not included in your previous appeal.
✔ Market Differentiation Study – Demonstrate that your brand is unique and distinguishable from other trademarks.
✔ Proof of Prior Use – Show invoices, contracts, or advertising materials proving long-term use of your brand.
✔ Legal Arguments – Cite trademark laws and INPI precedents supporting your registration.
✔ Phonetic and Visual Comparison – Highlight differences between your trademark and others to argue against similarity claims.
🚨 Important: Your appeal must provide new, stronger arguments than your previous submissions.
Step 3: Prepare a Well-Structured Appeal
Your Recurso Contra Arquivamento Definitivo should include:
📌 A formal introduction identifying your trademark and previous case details.
📌 A detailed explanation of why INPI’s decision should be reconsidered.
📌 Legal justifications proving that your brand qualifies for registration.
📌 Concrete evidence supporting your claims.
Step 4: Submit Your Appeal to INPI
✔ Log in to e-INPI and navigate to the trademark services section.
✔ Select Recurso Contra Arquivamento Definitivo and upload your defense documents.
✔ Pay the necessary fee and submit before the deadline.
📌 Estimated Fee (2025):
- Individuals/Microbusinesses: Around BRL 142
- Companies: Around BRL 355
What Happens After You File Your Appeal?
✅ If INPI Accepts Your Appeal
Great news! Your trademark application will be reopened, and INPI will reconsider your registration request.
❌ If INPI Rejects Your Appeal
Your trademark will remain permanently archived, and you will not be able to reapply for the same brand under the same conditions. If this happens, you have two options:
✔ File a lawsuit in federal court to challenge INPI’s decision.
✔ Modify your brand name and submit a new trademark application with better arguments.
How to Avoid Trademark Archiving in the Future?
✔ Conduct a Thorough Trademark Search
- Check the INPI database before applying to identify potential conflicts.
✔ Respond to INPI Requests on Time
- If INPI asks for additional information, comply within the deadline to prevent rejection.
✔ Submit a Strong Initial Application
- Provide well-documented evidence of distinctiveness from the beginning.
✔ Hire a Trademark Expert
- A trademark attorney can help structure your application to avoid mistakes that lead to rejection.
Conclusion: Fight for Your Brand with a Strong Appeal
If your trademark faces definitive archiving, don’t give up—filing a Recurso Contra Arquivamento Definitivo could give you one last opportunity to reverse INPI’s decision.
📌 Analyze the rejection reason carefully
📌 Gather strong supporting evidence
📌 Submit your appeal within the deadline
By acting strategically and preparing a solid legal argument, you increase your chances of successfully recovering your trademark.
