The Brazilian Patent and Trademark Office (BRPTO) recently published an ordinance providing clarifications regarding the parameters to be used to effectively demonstrate that a trademark has achieved the status of a\u00a0well-known trademark.<\/p>\n\n\n\n
This has long been a demand from civil society and intellectual property experts, as understanding and identifying such parameters has always been a complex task due to the lack of well-defined criteria.<\/p>\n\n\n\n
Previous regulations offered some concepts and guidance related to the procedure before the BRPTO, along with general suggestions on how such conditions could be proven \u2014 but without clearly stating the parameters that would be used during the examination of the request.<\/p>\n\n\n\n
Resolution No. 107\/2013 outlined in Article 3 the criteria for proving\u00a0well-known status, and clarified in Article 4 and its paragraphs that such proof could be submitted through any type of evidence, emphasizing that market research was always recommended.<\/p>\n\n\n\n
However, there was never any information about the minimum recognition percentage a\u00a0trademark\u00a0needed to achieve in such research for\u00a0well-known status\u00a0to be granted. Over the years, decisions became somewhat inconsistent \u2014 some\u00a0trademarks\u00a0obtained recognition with a certain percentage, while others were denied even when showing higher figures.<\/p>\n\n\n\n
The new guideline (Ordinance No. 25 of July 23, 2025) aims to bring greater transparency to the analysis process. The current criteria for recognizing well-known trademarks<\/strong> are described in Article 65 of Ordinance No. 8 of 2022, as follows:<\/p>\n\n\n\n These criteria must be proven by the applicant, particularly through market research. Although there is no legal requirement mandating that such research be submitted, it is strongly recommended, as it addresses all the necessary criteria for achieving recognition. It is important to note that market research may be conducted in person, online, or by phone.<\/p>\n\n\n\n According to BRPTO\u2019s new guidelines, the market research must include:<\/p>\n\n\n\n And most importantly, BRPTO now specifies the recognition thresholds:<\/p>\n\n\n\n These changes bring greater clarity to the process, streamlining the procedures for\u00a0well-known trademark\u00a0recognition through well-defined criteria.<\/p>\n\n\n\n Although the established percentages may be debatable given the size and diversity of the Brazilian market, the fact that they are now defined provides predictability regarding the recognition of\u00a0well-known status.<\/p>\n\n\n\n BRPTO also offers support to applicants through its Contact Us<\/em> channel, allowing them to submit their research proposals for review to ensure all parameters are met \u2014 helping avoid future costs with supplementary documents or requirements.<\/p>\n\n\n\n The new rules have been included in the Trademark Manual as of August 7, 2025.<\/p>\n","protected":false},"excerpt":{"rendered":" The Brazilian Patent and Trademark Office (BRPTO) recently published an ordinance providing clarifications regarding the parameters to be used to effectively demonstrate that a trademark has achieved the status of a\u00a0well-known trademark. This has long been a demand from civil society and intellectual property experts, as understanding and identifying such parameters has always been a […]<\/p>\n","protected":false},"author":5,"featured_media":18265,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[79],"tags":[],"country":[30],"industry":[91,93,98,99,94,95,96,92,90,100,97,101],"class_list":["post-18272","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legislative-news","country-br","industry-agroindustry","industry-automotive","industry-chemical-industry","industry-civil-engineering","industry-consumption-fashion-and-distribution","industry-education-and-entertainment","industry-energy-oil-gas","industry-food-and-drinks","industry-ip-agent","industry-medical-technology","industry-pharma-and-biotechnology","industry-telecommunications-computing-electronics"],"acf":[],"yoast_head":"\n\n
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