Brazil is a first-to-file country for trademarks. Law 9,279/1996 (the Industrial Property Law — LPI) gives the registration right to whoever files first at INPI. If you have used a name for years but another company files before you, they — not you — have priority.
Operating under a name, having social media accounts, a domain, and paying clients does not create national trademark exclusivity. It creates factual presence, but not an enforceable right against third parties who file at INPI.
The Exception: Right of Precedence
Article 129, §1° of the LPI creates one significant exception. A person who, in good faith, used an identical or similar mark in Brazil for at least 6 months before a competing filing date has the right of precedence — they can claim registration priority without having filed first, provided they prove effective prior use.
The conditions: (1) continuous good-faith use; (2) use predates the competing filing by at least 6 months; (3) solid documentation — invoices, contracts, marketing materials, timestamped social media posts, press coverage.
Without documentation, this right is difficult to enforce in practice.
What Does NOT Protect Your Trademark
Domain registration (.com.br, .com, or any TLD) operates entirely separately from INPI trademark law. Owning the domain does not give you trademark rights.
Trade name (nome empresarial) registered at the Junta Comercial gives you rights in one state only. It does not block INPI filings or grant national exclusivity.
Social media presence may support a right-of-precedence claim or bad-faith argument, but it is an evidentiary tool, not an independent right.
If Someone Has Filed Your Name
Within the opposition window (60 days from RPI publication): File an opposition at INPI proving prior use in good faith. This is the most direct remedy.
After registration is granted: The LPI provides nullity proceedings (administrative and judicial). Grounds include bad faith and prior use rights. A specialized IP attorney should evaluate viability.
Coexistence: When marks operate in clearly distinct segments or geographies, a coexistence agreement may be the most practical resolution.
File Early
INPI filing fees are modest. Priority runs from the deposit date — not the grant date. Filing early is far cheaper than fighting an opposition or rebranding after investing in brand equity.
FAQ
Yes, but without national exclusivity. Another company can file the same mark at INPI and require you to stop using it — even if you have used the name for years.
No. Domain registration and INPI trademark registration are independent systems. Owning the domain does not prevent another company from registering the identical mark at INPI.
A trade name (nome empresarial) is registered at the Junta Comercial and valid only in the state of registration. A trademark is registered at INPI and valid across all of Brazil. Only a trademark gives national exclusivity.
Article 129, §1° of Law 9,279/1996 provides that a person who used a mark in good faith in Brazil for at least 6 months before a third party's filing date may claim priority to register, provided they prove effective prior use.
If the application is within the opposition window (60 days from publication in the Revista da Propriedade Industrial), file an opposition proving prior use. If registration was already granted, the LPI provides challenge mechanisms — consult an IP specialist.
Without opposition, typically 18 to 36 months. But priority runs from the filing date, not the grant date — so filing early is essential.
