This Tuesday, July 29, the BRPTO published three ordinances in its Official Gazette #2847, addressing trademark priority procedures in Brazil.
Ordinance #27 of July 25, 2025
Governs the priority procedure for trademark applications and amends Ordinance #08 of January 17, 2022. The text outlines cases eligible for prioritization:
- Legal determination (senior citizens, persons with disabilities, serious illnesses, or those qualifying under the special “Inova Simples” regime);
- Strategic objectives and public policies defined by the BRPTO.
The rule further details:
- Formal requirements for requests, which must be submitted through a specific brief;
- The processing of the application;
- The examination stage at which prioritization applies;
- The non-appealable nature of denials for priority procedure requests.
Ordinance #28 of July 25, 2025
Establishes the modes of the priority procedure pilot project, each requiring specific documentation. The modes include:
- An opponent invoking precedence rights (under Paragraph 1 of Article 129 of the Brazilian IP Statute);
- Dependence on the issuance of trademark registration for therelease of public funds;
- Parties engaged in a lawsuit (except mandamus suits);
- Product or service linked to a prioritized patent;
- Scientific, Technological, and Innovation Institutions (ICTs);
- Mentored by the BRPTO under a Technical Cooperation Agreement;
- Cases of declared public interest or national emergency by the Executive Branch.
Ordinance #29 of July 25, 2025
Sets criteria for receiving applications under Pilot Project Phase I, taking place from August 7 to December 7, 2025:
- 1,200 requests will be available, with a minimum of 100 request per mode;
- Each applicant may file up to 3 applications;
- Quotas will be allocated based on filing order (date and time of filling).
The new regulations are available on the BRPTO’s website, and a Portuguese-language copy is available here.
For more information, please contact us at info@lickslegal.com. We will gladly assist you.
