Registering a trademark with the National Institute of Industrial Property (INPI) in Brazil is a crucial step in securing exclusive rights to your brand. However, during the process, third parties may file an opposition (oposição) to challenge your application. If this happens, it is essential to know how to defend yourself properly through a Manifestação à Oposição (Response to Opposition).
In this article, you will learn:
✔ What a trademark opposition is
✔ The main reasons oppositions occur
✔ How to prepare a strong defense to protect your brand
What Is a Trademark Opposition?
A trademark opposition is a legal challenge filed by a third party against your trademark application during its publication phase in the Revista da Propriedade Industrial (RPI). The opposing party argues that your brand conflicts with an existing trademark or does not meet INPI’s registration requirements.
Once an opposition is filed, you have 60 days to submit a Manifestação à Oposição, where you defend your right to register the trademark. If you do not respond, INPI may reject your application, allowing the opposing party to maintain exclusive rights over the disputed brand.
Why Do Trademark Oppositions Happen?
Oppositions can be filed for several reasons, including:
1. Similarity to an Existing Trademark
🔍 If INPI or a third party believes your brand is too similar to another registered trademark, it may be opposed to avoid consumer confusion.
📌 Example: If you apply for “TechNova” for technology services and “TechNova Solutions” is already registered in the same category, the owner may oppose your application.
2. Prior Use of the Brand
📌 A company that has been using the brand before your application but has not officially registered it may claim prior rights.
🚨 Example: If a local bakery has been using the name “SweetBite” for 10 years but never registered it, they may oppose your attempt to register it.
3. Generic or Non-Registrable Terms
📌 If the opposition argues that your trademark is too generic or violates legal restrictions, INPI may consider it invalid.
🚨 Example: Trying to register “Fresh Coffee” for a café could be opposed for being too descriptive.
4. Bad Faith Allegations
⚠️ If someone believes you are trying to register a brand name already famous in another country, they may argue that your application was made in bad faith.
🚨 Example: If you try to register “McDowell’s” for fast food, similar to McDonald’s, an opposition may be filed.
How to Respond to a Trademark Opposition (Manifestação à Oposição)
If an opposition is filed against your trademark, act quickly to build a strong defense. Here’s how:
Step 1: Analyze the Opposition
✔ Read the opposition arguments carefully in the RPI (Revista da Propriedade Industrial).
✔ Identify the legal basis of the opposition (similarity, prior use, generic term, etc.).
✔ Compare your brand with the opposing party’s trademark to find key differences.
Step 2: Gather Strong Evidence
To strengthen your defense, collect the following documents:
✔ Proof of Prior Use – If you have been using the brand before the opposition, provide invoices, contracts, advertising materials, and social media records.
✔ Market Research – Show that consumers do not confuse your brand with the opposing one.
✔ Legal Arguments – Cite trademark laws and INPI precedents to prove your brand is eligible for registration.
✔ Brand Differentiation Analysis – Highlight visual, phonetic, and conceptual differences between your trademark and the opposing party’s.
Step 3: Prepare a Strong Response
Your Manifestação à Oposição must:
📌 Explain why your brand is distinct from the opposing trademark.
📌 Argue that consumer confusion is unlikely due to differences in design, industry, or pronunciation.
📌 Show that the opposing arguments are weak, invalid, or based on incorrect legal interpretations.
Step 4: File Your Response with INPI
✔ Log in to e-INPI and navigate to the trademark services section.
✔ Select Manifestação à Oposição and upload your defense.
✔ Pay the necessary fees and submit the response.
📌 Estimated Fee (2025):
- Individuals/Microbusinesses: Around BRL 142
- Companies: Around BRL 355
What Happens After You File Your Defense?
✅ If INPI Accepts Your Arguments
Great news! Your trademark application will proceed, and you may receive approval after further examination.
❌ If INPI Rejects Your Defense
If your defense is not accepted, INPI may deny your trademark. However, you still have the right to:
- File an appeal (Recurso ao Indeferimento) within 60 days to contest the decision.
- Modify your brand name and submit a new trademark application.
How to Avoid Trademark Oppositions in the Future?
To reduce the risk of opposition and improve your chances of successful registration, follow these best practices:
1. Conduct a Trademark Search Before Applying
✔ Use the INPI database to check for existing trademarks in your industry.
✔ Modify your brand name if there is a risk of similarity.
2. Choose a Distinctive and Registrable Brand Name
✔ Avoid using common words or names that sound too similar to existing brands.
✔ Combine words creatively to form a unique identity.
3. Monitor the RPI for Potential Conflicts
✔ Keep an eye on newly published trademarks in your industry to file oppositions against conflicting applications.
4. Consult a Trademark Specialist
✔ A trademark attorney can help draft a strong application and respond to INPI oppositions effectively.
Conclusion: Defend Your Brand and Secure Your Trademark
If your trademark faces opposition, you must act strategically and quickly to defend your application.
📌 Analyze the opposition carefully
📌 Gather strong evidence to prove your brand’s uniqueness
📌 Submit a well-prepared response to INPI within 60 days
By taking proactive steps, such as conducting a prior trademark search and choosing a unique brand name, you can reduce the risk of opposition and improve your chances of a successful trademark registration.
