Businesses and entrepreneurs who rely on trademark registration for their commercial activities have a new opportunity to request priority examination from the Brazilian Patent and Trademark Office (BPTO).

Since September 1, 2026, BPTO has resumed issuing the payment guide required for priority examination requests in categories that had been temporarily unavailable.

The current application window will remain open until December 31, 2026, as part of the second four-month period of Phase II of the pilot project established under BPTO/PR Normative Ordinance No. 67/2026.

1,500 slots available in the second period

Normative Ordinance No. 67/2026 divided 3,000 requests under Phase II of the pilot project into two four-month periods, with 1,500 slots allocated to each period.

The first period ran from May 1 to August 31 and reached its available capacity, resulting in the temporary suspension of the relevant payment guide.

The second period began on September 1 and will remain open until December 31, 2026.

The current allocation includes:

  • 1,500 available slots;
  • A minimum reservation of 100 slots for each category;
  • A limit of ten requests per applicant.

The current period therefore represents the remaining opportunity for applicants seeking to use one of these priority examination mechanisms in 2026.

Priority examination does not eliminate the opposition period

Priority examination may accelerate the examination stage of a trademark application, but it does not remove other procedural steps required under Brazil’s trademark system.

Under Article 84-L of BPTO/PR Ordinance No. 27/2025, priority processing takes place after the formal examination stage and the expiration of the opposition period.

Under Law No. 9,279/96, third parties have 60 days from the publication of the trademark application to file an opposition.

As a result, priority treatment may accelerate the examination itself, but it does not eliminate the period during which third parties may challenge the registration.

Incomplete documentation may result in the loss of a priority slot

The documentation submitted with the priority examination request is another relevant factor.

According to attorney Vinicius Augusto Del Rio, slots are allocated in the order in which requests are filed, and applications are assessed based on the evidence submitted with the request.

If the documentation does not fully demonstrate compliance with the requirements of the applicable priority category, the request may be denied after the slot has already been used.

Article 84-N of INPI/PR Ordinance No. 27/2025 provides that decisions concerning priority examination requests are not subject to appeal. In such cases, a new request may be submitted with the appropriate documentation, subject to the availability of slots at that time.

Deadline requires attention to procedural requirements

The resumption of the payment guide provides a new window for applicants seeking to accelerate the examination of trademark applications in Brazil during 2026.

However, access to the available quota does not remove the need to comply with the specific procedural and documentary requirements applicable to each priority examination category.

With the second four-month period running until December 31, 2026, preparing the required documentation before filing remains an important step for applicants seeking to make use of the priority examination system.