BRAZIL: Changes to Criteria for Highly Renowned Trademarks Under Consideration

The Brazilian Patent and Trademark Office (INPI) conducted a public consultation to revise Ordinance/INPI/PR No. 08/2022, which outlines the requirements for granting high-renown trademark protection (fame status) in Brazil.

The fame status is a special protection afforded to brands that stand out above and beyond their segment and which are widely recognized among a large part of the population. This status is valid for a term of 10 years. Besides providing special protection against violations across all international classes, it is a powerful tool in brand protection initiatives.

The main objective of the proposed changes is to specify the criteria for granting this special protection, including the introduction of a minimum 71 percent public recognition threshold. The consultation introduces significant updates to both market and image surveys, which became clear requirements of the process.

Under the new proposals, registrants must demonstrate at least 71 percent public recognition in a nationwide survey, adjusted for the margin of error. This threshold is based on the ability of the public to associate the mark correctly with the goods or services listed in its registration certificate. Online surveys will no longer be applicable for trademarks tied to products or services that are inherently linked to the virtual environment.

This proposal is linked to the evolving nature of the digital market and appears aimed at preventing online businesses from leveraging the digital environment to boost their recognition rates. At the same time, the methodology behind this change is questionable and may undermine the INPI’s obligation to remain impartial and treat all industries and businesses equally.

Moreover, the updated Examination Guidelines, which are also subject to public consultation, will set out mandatory technical parameters for conducting these surveys. These guidelines intend to provide greater clarity and consistency, helping brands better understand what is required for their fame status recognition; for instance, the surveys must have at least 2,000 respondents, be conducted nationwide, and strictly follow the parameters set forth in the Guidelines.

Several brands registered in Brazil have already been granted high-renown status. Some of them, which include such iconic brands as BARBIE, FABER-CASTELL, FUSCA, HONDA, and PLAYSTATION, are required to reapply in 2025 to maintain their special protection, bearing in mind the new parameters for surveys conducted more than two years ago.

Brands interested in contributing to the public consultation had until May 19, 2025, to submit their comments and feedback.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken an official position.

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