Intellectual Property
Trademarks, industrial design, and copyright in Brazil.
Intellectual property law turns creative output into a registrable, enforceable asset. Hosaki Advogados assists foreign founders and brands entering Brazil with trademark and industrial design filings at INPI (Brazil's IP Office), copyright licensing, takedown notices, and platform disputes.
Frequently asked questions
How long does trademark registration take in Brazil?
According to INPI (Brazil's National Industrial Property Institute), the average timeline from filing to registration is 18 to 36 months, depending on the class and whether third-party oppositions are filed. After formal examination, the application is published in the Official IP Gazette for a 60-day opposition window. If no opposition is filed — or if any opposition is dismissed — INPI conducts substantive examination and, if approved, issues the registration certificate. Active monitoring of the process helps avoid missed deadlines and allows timely responses to any oppositions.
Which Nice classes do I need if my brand sells both a physical product and a digital service?
The Nice Classification divides goods and services into 45 classes. A brand selling a physical product alongside a related digital service typically needs filings in at least two classes — one covering the goods and one covering the service. Filing only in the product class leaves you exposed to third-party registrations in the uncovered service class, which can block future operations. Class strategy should account for your current business model and your roadmap for the next three to five years. For foreign brands, INPI also accepts applications through the Madrid Protocol.
What is a prior-art search and why does it matter before filing in Brazil?
A prior-art search checks INPI's public database for identical or similar marks already filed or registered in your target classes. It is strongly recommended before investing in visual identity, packaging, or product launch, because INPI can refuse an application that conflicts with an earlier mark. A complete search also covers domain registrations, social media handles, and corporate names in the states where you plan to operate. Skipping this step exposes your business to cease-and-desist demands and costly rebranding after market entry.
Can I use a mark in Brazil before the registration certificate is issued?
Yes. Filing a trademark application at INPI establishes a priority date and secures precedence over later conflicting applications in the same class. Commercial use before final registration is legally viable, but the absence of a certificate limits certain enforcement options. The ™ symbol may be used after filing to signal the claim; the ® symbol is only permitted after the registration is granted. Actively monitoring the application during this period is essential to respond to any oppositions within the statutory deadline.
How do I protect my channel name, podcast, or creative project in Brazil?
Protection for a channel, podcast, or creative project typically combines several layers: a trademark filing at INPI in the relevant service class (e.g., Class 41 for entertainment and education), a domain registration at Registro.br, and copyright protection over the produced content — which in Brazil arises automatically at creation without formal registration. Trademark registration is the strongest layer for preventing third parties from using the same name in a similar activity. For brands with international reach, filing through the Madrid Protocol may be worth evaluating.
What should I do if I find someone using a mark identical or similar to mine in Brazil?
Start by documenting the infringement — dated screenshots, URLs, and evidence of when the use began — then check both marks' status in INPI's public database. Available options include an extrajudicial cease-and-desist letter, an administrative opposition or nullity proceeding at INPI, and a civil action for injunction combined with a claim for material and moral damages. Where there is clear evidence of infringement and risk of irreparable harm, a preliminary injunction (tutela de urgência) can be sought to suspend the use immediately.
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