Trademark Monitoring in Brazil

Brazil publishes thousands of new trademark applications every week. Once published, there is a strict 60-day window to file an opposition — after which the right to object is lost. Weekly monitoring is the only way to catch conflicts in time.

Why Monitoring Matters

~10,000
new trademark applications published per week in Brazil

The Official Gazette (RPI) publishes weekly with thousands of new filings across all Nice classes. Without monitoring, a conflicting mark can reach registration unnoticed.

Once registered, removing a conflicting mark requires a nullity action or court proceedings — far costlier and less certain than a timely opposition.

The 60-Day Rule

How it works under the LPI
When INPI publishes a trademark application (despacho 6.1), a 60-day opposition window opens immediately. This deadline is absolute — it cannot be extended, and a late opposition will not be accepted.
What monitoring enables
By reviewing each weekly gazette, we identify new applications that conflict with your marks, assess the risk, and advise you — all within the window.
60 Days
Strict opposition deadline from RPI publication. No extensions.

How Our Monitoring Works

A structured weekly process, not a one-time search.

Weekly Gazette Review

Every RPI issue is screened against your trademark portfolio as soon as it is published.

Exact & Semantic Search

We check for identical marks and for those that are visually or phonetically similar — the standard Brazilian courts apply.

Instant Notification

When a potential conflict is identified, you are informed immediately with a clear assessment of the risk level.

Opposition if Needed

If you decide to act, we prepare and file the opposition within the 60-day window, on a fixed-fee basis.

What Trademark Monitoring Is — and Is Not

Many trademark owners assume that once they have a registration, their rights are automatically enforced. In Brazil — as in most countries — that is not the case. INPI does not proactively block new applications that conflict with existing registrations. It is the rights holder's responsibility to watch the gazette and act within the opposition window.

Monitoring is also distinct from the availability search done before filing. An availability search is a snapshot in time. Monitoring is continuous — because new conflicting applications can be filed at any point after your mark is registered.

Who Should Consider Monitoring

  • Brand owners with registrations in Brazil — especially in Classes 35, 9, 25, and 42 (the highest-volume classes).
  • International law firms managing Brazilian portfolios on behalf of clients — monitoring can be handled as part of the correspondent relationship.
  • Companies that rely on brand recognition in the Brazilian market, where the volume of new filings makes conflicts a realistic risk rather than a remote one.

What Happens When a Conflict Is Found

We provide a written assessment of the conflict — class overlap, similarity level, and recommended action. Options typically include:

  • Filing a formal opposition with INPI within the 60-day window
  • Sending a cease-and-desist or notice letter to the new applicant
  • Taking no action where the risk is assessed as low (e.g., different goods/services with no realistic likelihood of confusion)

The decision is always yours. Our role is to ensure you have the information — and the time — to make it.

Interested in Monitoring?

Tell us which marks and classes you want covered and we will explain how the service works in your specific case.