Arquivos do Mês: June 2025

On June 10, 2025, the Brazilian Patent and Trademark Office (BPTO) published Ordinance No. 15/2025, establishing the procedures for trademark owners to prove acquired distinctiveness during the registration process. The new rule takes effect on November 28, 2025.

In Brazil, a mark must be distinctive to be registered. Descriptive or generic signs are usually refused. However, if a sign becomes widely recognized by consumers as identifying a specific source, due to continuous use, it may qualify for protection through acquired distinctiveness.

Although the concept is not new, this is the first time BPTO has formally outlined the procedures for recognition in trademark applications.

What changes?

The ordinance defines when and how applicants can request this examination, including at the time of filing, after publication, in appeals, or when responding to oppositions or nullity actions.

Applicants must demonstrate at least three years of continuous use and provide evidence that the relevant public associates the sign exclusively with the brand owner.

A special 12-month grace period will be available, starting from the effective date, for applicants with pending cases or marks involved in cancellation proceedings to file for acquired distinctiveness outside the regular stages of the process.

The regulation reflects feedback gathered during a public consultation and user meetings held between 2024 and 2025, as part of the BPTO’s initiative to improve dialogue and transparency in the trademark system.

Your trademark might qualify?

Tavares IP is ready to guide you through this new procedure and help secure your rights in Brazil.

The BMW Group has filed a lawsuit against Chinese automaker BYD in Brazil over the use of the name “Dolphin Mini” for one of its electric vehicle models. BMW argues that using the term “Mini” could mislead consumers, creating an improper association with its long-established brand, registered in multiple jurisdictions.

The case is pending before the 5th Business Court of the Capital of Rio de Janeiro and seeks to prevent what BMW alleges are acts of trademark infringement and unfair competition. The German group maintains that BYD is attempting to benefit from the goodwill associated with the MINI brand, while clarifying that it does not aim to halt BYD’s operations but to safeguard its trademark identity.

In its defense, BYD contends that BMW does not hold exclusive nominative rights over the term “MINI” in Class 12 at the Brazilian Patent and Trademark Office (BPTO), covering motor vehicles. The Chinese automaker further notes that the term is commonly used within the industry and that the BPTO rejected BMW’s previous attempt to register the standalone “MINI” trademark.

BMW’s request for an injunction was denied, with the presiding judge emphasizing the need for a more detailed examination of the arguments presented by both parties.

Specialized assistance for trademark protection in Brazil

Tavares IP offers specialized legal and technical support for managing trademarks, patents, and other intellectual property rights in Brazil and Latin America.

Contact our team to learn how we can help ensure the legal security and strategic protection of your rights.

In May 2025, Brazil reached a total of 153 products registered with Geographical Indication (GI) status by the Brazilian Patent and Trademark Office (BPTO). The most recent recognition was granted to “Carne de Onça” (“Jaguar Meat”) from Curitiba, a traditional dish of the local cuisine.

The Indication of Source acknowledges the product’s reputation and specific characteristics. This typical dish consists of chopped and seasoned raw beef, served over cornbread. The name “Carne de Onça” has been associated with the region’s cultural context since the 1940s.

This marks the 25th GI registration granted in 2024 alone, underscoring Brazil’s ongoing progress in protecting and promoting regional products. The expansion of Brazil’s GI system reflects increasing awareness of the role of intellectual property in fostering economic development and cultural preservation.

Specialized assistance in Geographical Indications and intellectual property

Tavares IP provides legal and technical support to associations, producers, and companies seeking to obtain or protect Geographical Indications, as well as other intellectual property assets in Brazil and Latin America.

Contact our team for guidance on how to protect and enhance traditional products through Geographical Indication (GI) registration.