Brazil Introduces New Priority Examination Framework for Trademarks: What Global IP Owners Need to Know in 2025

On August 7, 2025, Brazil’s National Institute of Industrial Property (INPI) will implement a new regulatory framework that reshapes how priority examination for trademarks is granted in the country. The reform, established by INPI Ordinance No. 27/2025, amends the long-standing Portaria 08/2022 and creates a dedicated chapter – Chapter XVI-B: Priority Processing of Trademarks.

This is not merely an administrative update. It is a structural shift that brings greater predictability, transparency, and acceleration to trademark prosecution in one of the world’s most attractive emerging markets.

A Two-Pillar Model: Legal Priority and Strategic Priority

The new regulation introduces two independent pathways for obtaining fast-track examination:

1. Legal Priority (mandatory under federal law)

This category grants automatic eligibility for priority examination when the applicant is:

• An elderly person (as defined under Brazilian law);
• A person with a disability;
• A person with a serious illness;
• A company registered under the “Inova Simples” regime, Brazil’s simplified innovation framework designed for early-stage startups.

All legal-priority filings must include the respective supporting documents (ID card, public health authority medical certificate, or Inova Simples certificate).

Importantly, no INPI fee is charged for legal-priority requests.

2. Strategic Priority (public policy–driven)

The second pathway allows INPI to prioritize trademarks that support:

• Innovation ecosystems
• Economic development
• National or regional policy objectives
• Sectors of strategic governmental interest

Further normative acts will define which industries or technologies qualify, but this mechanism signals Brazil’s intent to align trademark examination with its industrial-innovation agenda.

This category requires payment of a GRU fee and formal justification for eligibility.

New Procedural Rules That Matter for Rights Holders

Under the 2025 system, a priority examination request must:

• Be filed electronically using the designated INPI form;
• Be submitted by the applicant or a duly appointed attorney;
• Include all supporting documents demonstrating eligibility;
• Be one per petition (co-owners must all meet the same criteria).

If a request is incomplete, ambiguous, or filed under the wrong category, INPI may request additional documents. Failure to comply results in automatic rejection.

And one notable change: decisions on priority requests are not appealable. However, applicants may file a new request with updated documentation.

When Does Priority Take Effect?

INPI will only begin accelerated treatment after:

1. The formal examination is completed; and
2. The deadlines for oppositions and responses have expired.

Once priority is granted, all subsequent petitions in that application are also processed under the accelerated track, up until final registration.

If the trademark is later transferred to a new owner who does not meet the priority criteria, the fast-track status is lost.

Why This Matters for Brand Owners and Foreign Filers

Brazil is one of the largest and fastest-growing trademark jurisdictions in the world, and pendency times—while improving—remain a strategic concern for market entrants. The 2025 reform is especially relevant for:

• Startups entering the Brazilian market

Inova Simples companies receive a no-cost pathway to accelerated brand protection.

• Elderly, disabled, or seriously ill entrepreneurs

A socially inclusive policy supporting faster legal certainty.

• Foreign filers under the Madrid Protocol

Priority examination now also applies to Madrid designations, making Brazil a more predictable route for multinational portfolios.

• High-tech, health-tech, and strategic industries

Once INPI releases its list of strategic categories, companies operating in sensitive or high-impact sectors may secure faster time-to-rights, improving competitive positioning.

Strategic Implications for IP Managers

INPI’s new model creates opportunities for:

✔ Faster enforcement readiness

Priority examination reduces vulnerability to counterfeiters and infringers during the pendency period.

✔ More efficient brand launches

Marketing and commercialization plans can proceed with greater legal certainty.

✔ Enhanced portfolio strategy

Companies can selectively fast-track core brands while keeping secondary filings in the standard queue.

✔ Stronger alignment with innovation policies

Strategic priority categories will likely favor AI, clean energy, biotech, agritech, and digital transformation sectors—areas where Brazil is expanding industrial incentives.

Conclusion: A More Predictable and Strategic Trademark Landscape in Brazil

INPI’s 2025 reform represents a mature shift toward a modern, responsive, and innovation-oriented trademark system. For international rights holders, especially those navigating Brazil for the first time, the new rules offer:

• Clearer criteria
• Faster timelines
• Greater legal certainty
• Stronger alignment with business strategy

As Brazil continues refining its IP infrastructure, proactive adaptation to these mechanisms will become a competitive advantage.