On June 10, 2025, Brazil’s Trademark Office (INPI) introduced new regulations for recognizing “secondary meaning” in trademarks, referring to cases in which signs that are not inherently distinctive gain distinctiveness through long-term, consistent use.
Effective November 28, 2025, the regulation allows companies to request recognition of secondary meaning for their signs at various trademark procedural stages, including at the time of filing an application, during an appeal following a rejection for lack of distinctiveness, or during administrative nullity proceedings.
To qualify, applicants must demonstrate a minimum of three years of continuous use of the trademark, along with evidence that a significant portion of Brazilian consumers recognize the sign. Regarding the appropriate documents, the INPI has not yet specified what types of documentation will be accepted.
The ordinance also establishes an exceptional 12-month window, starting November 28, 2025, during which companies may file for secondary meaning for their signs in ongoing proceedings.
This development marks a significant evolution in Brazil’s trademark framework, aligning with international practices.
