Introduction
Registering a trademark with the National Institute of Industrial Property (INPI) in Brazil is a crucial step to securing exclusive rights to a brand name, logo, or slogan. However, many business owners and entrepreneurs are unaware of the trademark examination process and how long it takes.
Understanding the different phases of INPI’s trademark examination helps applicants avoid delays, respond to legal challenges, and increase the chances of approval. In this article, we will break down the entire INPI trademark examination process, from application to final approval.
1. What Happens When You Apply for a Trademark at INPI?
Once you submit a trademark application at INPI, it goes through a step-by-step evaluation process to determine if the mark can be legally registered. The main stages include:
- Filing and Initial Review
- Formal Examination
- Publication in the INPI Gazette (Revista da Propriedade Industrial – RPI)
- Opposition Period
- Substantive Examination
- Approval or Rejection
- Issuance of the Registration Certificate
2. Step-by-Step Guide to INPI’s Trademark Examination Process
Step 1: Filing and Initial Review
After submitting the trademark application through INPI’s online system, the agency performs a basic initial review to check if:
✅ All required documents are submitted.
✅ The application form is filled out correctly.
✅ The required fees have been paid.
📌 Timeline: This step usually takes a few days to a few weeks.
Step 2: Formal Examination
INPI evaluates whether the application meets basic legal and technical requirements. This step does not involve a deep analysis of the trademark itself but checks:
✅ If the application follows the correct format.
✅ If the classification of goods/services is correct (Nice Classification).
✅ If the applicant has provided all necessary information.
📌 Possible Outcomes:
- ✅ Application proceeds to publication if there are no formal errors.
- ❌ Application is denied if major errors are found (e.g., missing documents, incorrect classification).
📌 Timeline: Can take 2 to 3 months.
Step 3: Publication in the INPI Gazette (RPI)
Once the application passes the formal examination, it is published in the INPI Gazette (Revista da Propriedade Industrial – RPI).
Why is this important?
- The publication notifies the public that a trademark application has been filed.
- Competitors have a chance to oppose the registration if they believe the trademark conflicts with an existing one.
📌 Timeline: This happens approximately 4 to 6 months after submission.
Step 4: Opposition Period (60 Days)
After publication, third parties have 60 days to file an opposition (oposição) against the trademark application.
🚨 If Someone Opposes Your Trademark:
✅ You will be notified and given a chance to respond.
✅ You must submit a legal defense explaining why your trademark should be approved.
🚨 If No Opposition is Filed:
✅ The application moves to substantive examination without issues.
📌 Timeline: The opposition phase lasts 60 days.
Step 5: Substantive Examination (Technical Review by INPI)
This is the most critical stage of the process. INPI’s trademark examiners conduct an in-depth analysis to determine:
✅ If the trademark is unique and does not conflict with existing registered marks.
✅ If the mark is distinctive and not merely descriptive (e.g., “Fresh Coffee” for a coffee brand would likely be rejected).
✅ If the trademark complies with Brazilian intellectual property laws.
📌 Possible Outcomes:
- ✅ Approval: The application proceeds to final registration.
- ❌ Rejection: The application is denied, and the applicant can file an appeal.
📌 Timeline: 6 to 12 months (or longer if there are complex legal issues).
Step 6: Approval or Rejection Decision
After the substantive examination, INPI issues its official decision:
✅ If the trademark is approved:
- The applicant is notified of the approval.
- The applicant must pay the final registration fee to receive the certificate.
❌ If the trademark is rejected:
- The applicant can file a formal appeal (Recurso Administrativo) within 60 days.
- If the appeal is denied, the applicant must modify the trademark and reapply.
📌 Timeline: This phase can take 2 to 6 months.
Step 7: Issuance of the Trademark Registration Certificate
Once approved, the trademark is officially registered and protected for 10 years.
✅ The applicant receives an official registration certificate.
✅ The trademark owner can use the ® symbol to indicate registered status.
✅ The trademark must be renewed every 10 years to maintain protection.
📌 Timeline: The registration certificate is typically issued within 1 to 2 months after final approval.
3. How Long Does the Entire INPI Trademark Examination Process Take?
The total duration of the trademark registration process in Brazil varies depending on oppositions, legal issues, and examination delays. On average:
- If no opposition is filed: 12 to 24 months.
- If opposition or appeals occur: 2 to 4 years.
4. What to Do If Your Trademark Is Rejected?
🚨 Step 1: Review the Reason for Rejection
Carefully analyze INPI’s decision to understand the cause of rejection (e.g., similarity to another trademark, lack of distinctiveness).
🚨 Step 2: File an Appeal (Recurso Administrativo)
If you believe the rejection was unfair, you can submit an appeal within 60 days, providing additional legal arguments.
🚨 Step 3: Reapply with Modifications
If the rejection is final, modify your trademark and submit a new application to increase approval chances.
5. How to Ensure a Successful Trademark Application?
✅ Conduct a Comprehensive Trademark Search
- Before applying, check INPI’s database for similar trademarks.
- Modify your brand name or logo if necessary to ensure uniqueness.
✅ Choose the Correct Trademark Classification
- Selecting the wrong class of goods/services can result in rejection.
✅ Monitor Your Application and Respond Promptly
- Regularly check INPI’s website for updates.
- If opposition arises, submit a legal defense within 60 days.
✅ Hire a Trademark Specialist (if necessary)
- If you’re unfamiliar with trademark law, consult a lawyer or intellectual property specialist to improve approval chances.
Conclusion
The INPI trademark examination process is a multi-step evaluation that ensures only unique and legally valid trademarks receive protection. By understanding the formal examination, opposition period, and substantive review, applicants can avoid common mistakes and increase their chances of approval.
A registered trademark is a valuable asset, granting exclusive rights and legal protection for 10 years, renewable indefinitely. Taking the time to follow the correct procedures ensures long-term security and success for your brand.
