BRAZIL: Regulatory Shifts Create Changing Landscape for Cannabis Trademarks

Brazil’s regulatory framework for medicinal cannabis is undergoing important changes. The National Health Regulatory Agency (ANVISA) launched Public Consultation No. 1,316/2025 on March 28, 2025, to revise RDC Resolution No. 327/2019, which governs cannabis-based medicinal products. While the updates aim to broaden access to these products, they may also indicate a further shift in the approach of the Brazilian Patent and Trademark Office (BPTO) and the overall unfolding scenario—one that is increasingly responsive to the emerging cannabis market.

Historically, the BPTO scrutinized cannabis-related trademark applications, often issuing office actions to clarify if the products were legal to sell or to adjust product descriptions. The BPTO has also refused to register marks referencing cannabis—through words or imagery—on morality grounds. However, as societal perceptions shift and regulatory clarity increases, such rejections have decreased in frequency. Since ANVISA authorized the importation of cannabidiol-based products in 2019, the BPTO’s stance has gradually softened, potentially influenced by shifting societal views, economic prospects, and growing regulatory clarity.

Now, the newly proposed revisions could help consolidate a more consistent approach to trademark examination. Notably, ANVISA is considering allowing expanded access to products with over 0.2 percent THC (tetrahydrocannabinol) for serious medical conditions, as well as expanding permissible administration routes (oral, sublingual, and dermatological). These developments may enable brand owners to better define their offerings under Class 5 (pharmaceuticals) and encourage trademark filings from companies previously excluded from the market.

These adjustments could enhance legal clarity and open the door to new players in the market. For brand owners, this moment presents both opportunity and responsibility. Here are some key takeaways:

1. Ensure regulatory compliance: Clearly indicate the medicinal use of cannabis-based products in trademark specifications to avoid unnecessary office actions.
2. Monitor the BPTO’s approach: Though the Office appears more open to cannabis-related marks, its practices are still evolving. Monitoring developments is essential.
3. Engage in the public consultation process: Contributions had to be submitted to ANVISA by June 3, 2025, if stakeholders wanted a chance to shape the regulatory landscape.
4. Act early: As regulatory certainty increases, early filings may provide a competitive edge.
5. Anticipate increased trademark filings: The expanding regulatory framework is likely to attract new entrants. Establishing brand protection now may be key to long-term success.

Brazil’s trademark environment for medicinal cannabis is gradually becoming more navigable. While challenges remain, the trajectory points to broader acceptance—offering opportunities for those who plan strategically and stay engaged.

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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