Brazil – Increased official fees and procedural matters coming into force for IP matters

On 9 May 2025, the Brazilian Patent and Trademark Office (BPTO) announced a new official fee schedule for IP, effective from 7 August 2025.  This marks the first comprehensive update to official fees since 2012, reflecting Brazil's efforts to modernize its IP infrastructure.

Key Changes:

While some services have seen modest adjustments, most—including those related to patent examination, annuities, appeals, and trade mark oppositions—will experience significant increases.  For instance:

• Patent examination (for up to 10 claims): +47.5%

• PCT national phase applications: +48.6%

• Trademark appeals and oppositions: +47.4%

• Design renewals and maintenance: ~+47.4%

• Trade mark applications + 10-year term (combined): +48.3% 

Prosecution matters

Several other important changes will also come into force or are contemplated, including:

• Anticipated expedited trade mark examination: Although not yet implemented, INPI appears to be preparing for a fast-track option for trade mark prosecution.

• Bundled services for trade marks and patents: The 2025 schedule introduces consolidated payment options to simplify procedures:

• For trade marks, applicants can now file an application and pay the fee for the first 10-year registration term at a discounted rate.

• For patents, bundled acts covering national phase entry, publication, and grant are expected to be allowed.

• Streamlining of trade mark prosecution: Two new services introduced with the new schedule will serve to enhance procedural flexibility:

• A restricted opposition, limited to conflicts under Article 124(XIX) LPI, will offer a simplified and lower-cost pathway for third-party challenges based on earlier registered marks.

• A new procedure for the independent submission of acquired distinctiveness evidence will provide a formal mechanism to demonstrate secondary meaning, so improving prospects for registering otherwise non-distinctive signs.

These changes reflect a progressive shift in INPI’s trademark practice, enhancing strategic options while aiming to streamline workload and accelerate decisions.

It is recommended for IP right holders  to review any actions upcoming in Brazil, such as new applications, examination requests, and renewal payments, and consider completing them before the new fees come into force, so as to benefit from the current lower rates.   We would be pleased to assist you with any such actions.

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