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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.

The 10th BRICS Ministerial Meeting on Culture, held in Brasília, established culture as a driver of sustainable development, innovation, and social inclusion. Brazil presented key proposals that now shape the bloc’s cultural agenda, including the creation of a BRICS platform for the creative Economy and international cooperation on artificial intelligence and copyright.

Brasília Declaration: culture as a development catalyst

The ministers signed the Brasília Declaration, setting commitments to strengthen culture as a strategic dimension of international policy and sustainable development. Brazil’s Minister of Culture, Margareth Menezes, emphasized the country’s active role in multilateral forums, including the G20, BRICS, and the upcoming COP30.

Artificial Intelligence and Copyright in focus

A central element of the Declaration is the intersection of culture, artificial intelligence, and intellectual property, including copyright. The document proposes creating a BRICS platform for the cultural and creative industries, focusing on standard methodologies to assess the contribution of culture to GDP and enhancing international cooperation on intellectual property in the digital age.

Creative Economy: a strategic sector for BRICS

Delegates highlighted the creative Economy as a driver of innovation and socioeconomic development. India’s Minister of Culture, Gajendra Singh Shekhawat, underscored the sector’s importance in generating income, promoting decent employment, and developing creative skills essential to the growth of emerging economies.

Strategic commitments: culture and sustainable development

The Declaration sets out four priority axes for BRICS cultural cooperation:

1. Creative Economy, AI, and Copyright: Focus on building an integrated platform and strengthening governance on intellectual rights.
2. Culture and Climate Change: commitment to safeguard cultural heritage from climate risks and integrate culture into the post-2030 agenda.
3. Restitution of Cultural Property: fostering cooperation on the return of cultural assets and enhancing heritage policies.
4. BRICS Festivals and Alliances: promoting cultural events, such as the BRICS Film Festival to be held in Brazil.

Brazil assumes cultural leadership in the Global South

Minister Margareth Menezes reaffirmed BRICS’ role as a pillar for cultural cooperation in the Global South, inspiring new models of collaboration and cultural justice. The Brazilian presidency, which began in January 2025, drives debates on global governance, health, climate change, and artificial intelligence.

BRICS Summit to be held in Brazil in July 2025

Brazil will host the BRICS Leaders’ Summit on July 6–7, 2025, at the Museum of Modern Art (MAM) in Rio de Janeiro. The summit’s theme will be: “Strengthening Global South Cooperation for More Inclusive and Sustainable Governance,” with leaders from all 11 BRICS nations participating.

Opportunities and challenges for intellectual property

The outcomes of the Ministerial Meeting underscore the importance of robust intellectual property policies within the creative industries and the artificial intelligence sector. For companies and organizations in the culture and technology sectors, following BRICS’ guidelines is essential.

At Tavares IP, we provide expert legal support in protecting copyright and intellectual property in Brazil and Latin America.

→ Contact us to safeguard your creative and technological assets.

Brazil has consolidated its position as the leading innovator in Latin America, according to the 2024 Global Innovation Index (GII) by the World Intellectual Property Organization (WIPO). This leadership position places Brazil as a key market for foreign businesses in fintech, cybersecurity, artificial Intelligence, and intellectual property.

Fintech: Pix revolutionizes Brazil’s financial system

Brazil’s financial sector was transformed by Pix, the instant payment system developed by the Central Bank of Brazil. In 2024, Pix handled approximately BRL 26 trillion (USD 5 trillion), surpassing cash as the primary payment method. The Brazilian model is now inspiring similar systems across Latin America.

Cybersecurity: the largest market in Latin America

Brazil is currently the most significant cybersecurity market in Latin America, with projected revenues of USD 4.85 billion by 2027, according to Mordor Intelligence. The country ranks second globally in cyberattacks, driving investments in digital security and reinforcing its regional leadership.

Artificial Intelligence: regional hub for R&D

Brazil hosts 144 research centers dedicated to artificial Intelligence, according to the Center for Management and Strategic Studies (CGEE). This positions the country as a key AI hub in Latin America, increasing the need for robust intellectual property protection for technological innovations.

Brazilian society: receptive to innovation

High social acceptance of technology is a key driver for Brazil’s innovation environment. According to Kantar Ibope Media, 88% of Brazilians approve of technologies that simplify daily life — a rate above the global average, making the country a fertile ground for tech adoption.

Opportunities for foreign businesses

Brazil’s current landscape offers strategic opportunities for international companies looking to expand or protect their innovations. The combination of advanced infrastructure, public incentives, and a tech-friendly society makes Brazil a priority market in Latin America.

At Tavares IP, we provide specialized legal support for protecting trademarks, patents, and technological assets in Brazil.

→ Contact us to secure your innovation in Latin America.

Brazil and China have expanded their bilateral cooperation to include legal and technological initiatives. During an institutional mission to China in March 2025, key discussions focused on dispute resolution, arbitration, artificial intelligence in the judiciary, and intellectual property (IP) protection.

The “China-Brazil Legal Conference” in Shanghai brought together legal professionals and academic institutions to address the digital transformation of the legal system and the use of alternative dispute resolution mechanisms. Participants included representatives from Brazilian universities and Chinese institutions such as the Shanghai Law Society and East China University of Political Science and Law.

Institutional cooperation between judicial systems

In 2024, the Brazilian Supreme Federal Court and China’s Supreme People’s Court signed a cooperation agreement focused on implementing AI in the judiciary to improve efficiency and transparency. China currently operates digital courts, online mediation platforms, and automated legal analysis systems.

Brazil’s legal technology sector has grown steadily. According to the Distrito Lawtech Report 2024, over 300 lawtech startups in the country offer solutions such as automation, predictive analytics, and online mediation.

Intellectual property and legal predictability

Intellectual property is a key component of this bilateral agenda. Brazil signed the Singapore Convention on Mediation, which is currently under legislative review. Ratifying the treaty would enable the enforcement of mediated agreements across signatory countries, enhancing legal certainty for foreign entities conducting business in Brazil.

Brazil also maintains arbitration centers that are aligned with international standards, and mediation is increasingly used as a complementary mechanism in cross-border contract resolution.

Legal education and international collaboration

The mission also highlighted the participation of Brazilian universities in international moot court competitions such as the East Vis Moot in Hong Kong, focused on commercial arbitration. This engagement contributes to the training of legal professionals equipped for international practice.

Tavares IP closely follows developments in Brazil-China legal cooperation to assist foreign clients with IP protection strategies in Brazil.

Rising Awareness of IP Protection Among Innovative Startups in Brazil

According to the Brazilian Patent and Trademark Office (BPTO), the number of trademark filings by small businesses in Brazil, including individual microentrepreneurs (MEIs), microenterprises (MEs), and small enterprises (EPPs), grew from 23,422 in December 2020 to 31,222 in December 2024, marking a 33% increase. Software registration applications almost doubled in the same period, rising from 311 to 617.

This growth highlights the strengthening of intellectual property (IP) awareness among innovative and tech-based companies in Brazil. Initiatives such as Catalisa ICT, Inova Cerrado, Inova Pantanal, and Startup Nordeste, supported by a partnership between SEBRAE and BPTO, have played a key role in mentoring startups and guiding them through IP protection strategies.

IP Awareness and the Global Stage

This discussion gains even more relevance in light of World Intellectual Property Day, celebrated globally on April 26. The 2025 theme, “IP and Music: Feel the Beat of IP,” highlighted the connection between intellectual property and creative expression, reinforcing the importance of protecting innovation in all its forms.

Want to register a trademark, patent, or software in Brazil?

The growing number of IP applications by small businesses strongly indicates a maturing market and an opportunity for global partnerships and investments.

Contact Tavares IP to discover how we help foreign companies navigate the Brazilian IP landscape efficiently and strategically.

As a direct response to the recent trade sanctions imposed by the United States, President Luiz Inácio Lula da Silva has signed the Reciprocity Law into law without vetoes. Approved with bipartisan support in Congress, the new legislation gives Brazil a solid legal basis to retaliate against unilateral commercial actions by other countries, including the suspension of intellectual property obligations.

This legal framework allows Brazil to:

• Impose additional import tariffs;
• Suspend trade concessions;
• Temporarily disregard international commitments on IP rights when targeted by hostile economic measures.

Although Brazil has not yet implemented concrete measures against the U.S., this law signals a strategic shift and prepares the country to respond more assertively on the global stage.

The law includes:

• Proportional retaliation based on economic impact;
• Tariffs on goods and services from the country or economic bloc;
• Suspension of obligations related to IP rights under trade agreements;
• Public consultation and technical evaluation (except in urgent cases that justify immediate action).

The Economic Reciprocity Law, approved by the Brazilian Senate on Tuesday, April 1st, allows the Brazilian government to impose trade retaliation measures against countries that establish barriers to Brazilian products.

The legislation, which received unanimous support, aims to create a fairer international trade environment. However, including provisions related to intellectual property has sparked discussions regarding its potential impacts on legal security and innovation in Brazil.

What is the Reciprocity Law?

The Economic Reciprocity Law allows Brazil to apply countermeasures, such as import restrictions and additional tariffs, against countries imposing trade barriers on Brazilian exports. This initiative seeks to strengthen the country’s global trade position and protect national industries.

Additionally, an amendment approved in the Senate limits patent flexibility to exceptional cases, which could significantly affect the intellectual property sector.

Impacts on Intellectual Property

The new legislation is expected to impact intellectual property in Brazil and internationally.  While it may enhance predictability for intellectual property protection, questions remain about its application and potential long-term effects on Brazil’s competitiveness.

Challenges and Global Context

The Reciprocity Law was passed amid transformations in international trade, particularly as the World Trade Organization (WTO) faced difficulties resolving trade disputes.

With the WTO’s arbitration system weakened, countries have increasingly resorted to unilateral measures to protect their markets. This evolving landscape requires companies in the intellectual property sector to monitor regulatory changes and adjust their strategies closely.

How to Prepare for These Changes?

For companies and inventors seeking to understand the impacts of the Reciprocity Law on intellectual property, staying informed and having access to specialized advisory services is crucial.

Tavares IP offers strategic guidance to help clients navigate this new regulatory environment confidently.

O Brasil está dando um passo importante na modernização da proteção à propriedade intelectual. No dia 24 de março, o presidente da República em exercício e ministro do Desenvolvimento, Indústria, Comércio e Serviços (MDIC), Geraldo Alckmin, reuniu-se com a diretoria do Instituto Nacional da Propriedade Industrial (INPI), no Rio de Janeiro, para discutir o fortalecimento do sistema de propriedade industrial no país.

Um Sistema Mais Ágil Até 2026

Entre os objetivos estabelecidos pelo INPI, um dos principais é reduzir o tempo de concessão de patentes de quatro anos para apenas dois até 2026. Já o registro de marcas será acelerado drasticamente, diminuindo de 18 meses para apenas um mês.

Para alcançar essas melhorias, o INPI aposta em:

• Modernização tecnológica, incluindo o uso de Inteligência Artificial (IA) para auxiliar buscas e exames.
• Contratação de novos examinadores, garantindo mais agilidade nas análises.
• Aprovação orçamentária, permitindo a implementação de novas soluções.

Principais Entregas Previstas para 2025

O INPI anunciou uma série de melhorias para este ano:

• Uso de Inteligência Artificial para otimizar buscas e exames.
• Novo Portal do Usuário, com funcionalidades progressivas para patentes.
• Formulário otimizado para oposição de marcas, tornando o processo mais simples e rápido.
• Programa de Contato Direto com o Usuário, um projeto-piloto para agilizar trâmites administrativos.
• Propostas de alterações na Lei da Propriedade Industrial, incluindo exame acelerado de patentes e novas regras para oposições de marcas.
• Nova tabela de preços, alinhada à modernização do sistema.

O Que Isso Significa para os Titulares de PI

Essas mudanças terão um impacto significativo para empresas e inovadores que buscam proteção de propriedade intelectual no Brasil. Um sistema mais ágil e previsível tornará o país um destino mais atrativo para investimentos em inovação e direitos de PI.

Precisa de orientação especializada sobre proteção de PI no Brasil? Nossa equipe na Tavares IP está pronta para auxiliar com patentes, marcas e estratégias de enforcement. Entre em contato conosco.