Major Update for Trademark Practitioners in Brazil: INPI Publishes Ordinance No. 15/2025 on Acquired Distinctiveness

Major Update for Trademark Practitioners in Brazil

INPI Publishes Ordinance No. 15/2025 on Acquired Distinctiveness

The Brazilian National Institute of Industrial Property (INPI) has issued Ordinance No. 15/2025, establishing a clear regulatory framework for recognizing acquired distinctiveness in trademarks. This development marks a significant milestone in strengthening legal certainty and predictability for trademark protection in Brazil.

What Does Acquired Distinctiveness Mean?Even trademarks consisting of generic or descriptive elements can be registered—provided the applicant demonstrates that the mark has become distinctive in the minds of consumers as identifying a specific product or service.

Effective Date and Background:
The new rules will come into effect on November 28, 2025. They result from a broad public consultation process with strong engagement from IP stakeholders.

What’s in the New Regulation?

Procedures to request recognition of acquired distinctiveness;
Specification of minimum requirements such as proof of five years of use in Brazil;
Evidence types accepted: market surveys, advertising campaigns, sales data, and awards;
Clear evaluation criteria and documentation format provided by INPI;
Possibility of hearing when application is denied based on distinctiveness grounds;
Administrative and technical review procedures standardized.

✅ Why It Matters:
This new framework supports the registration of marks that may not initially qualify due to descriptiveness but have gained consumer recognition. It strengthens legal protection and enhances strategic flexibility in brand building.

⚖️ Practitioners:
Now is the time to understand the new procedures and prepare documentation accordingly. Businesses are encouraged to start collecting and organizing evidence now to ensure readiness by the effective date.

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Access the Ordinance No. 15/2025 on Acquired Distinctiveness (PDF)