Application success rate in Brazil: 5 year trend
Over the past five years, Brazil has seen an average trademark application success rate of approximately 57.15%. This rate is notably lower compared to many other jurisdictions, with a declining trend in recent years—falling below 50% in 2023. These figures reflect a complex and often lengthy examination process, alongside rising application volumes.
Applications filed in | Registered | Filed | Success rate |
|---|---|---|---|
2019 | 144,645 | 246,187 | 58.75% |
2020 | 171,963 | 285,109 | 60.31% |
2021 | 219,408 | 375,521 | 58.43% |
2022 | 202,975 | 378,297 | 53.65% |
2023 | 26,907 | 55,052 | 48.88% |
Total (average) | 765,898 | 1,340,166 | 57.15% |
Comparison to major IP Offices
Brazil’s trademark success rate of around 57% is significantly lower than those of jurisdictions like the EU (90.80%) and Mexico (71.62%), and somewhat close to the US (56.91%) and Canada (50.76%).
Find out more about how this trademark office compares globally in our full report on trademark success rates worldwide.
Country | Office code | Success rate |
|---|---|---|
Brazil | INPI | 57.15% |
Mexico | IMPI | 71.62% |
The United States | USPTO | 56.91% |
Canada | CIPO | 50.76% |
The European Union | EUIPO | 90.80% |
Several factors contribute to Brazil’s comparatively moderate success rate:
Lengthy Examination Process: INPI faces a high volume of filings and limited resources, leading to slower and more complex examination procedures. This can increase the likelihood of refusals and prolonged processing times.
Strict Formal and Substantive Requirements: Brazil applies both formal and substantive examination grounds, including scrutiny on distinctiveness and potential conflicts. Procedural requirements can also be stringent, causing rejections for technicalities.
High Application Volume: The growing number of filings in Brazil leads to increased competition and greater potential for conflicts with earlier marks.
How to maximize your chances of registration success in Brazil
Given the relatively lower success rate, applicants should take extra care to enhance their chances. To improve your likelihood of approval, it’s recommended to begin with a comprehensive trademark search to identify any potential conflicts. Ensure that your mark is distinctive and not merely descriptive, and clearly define the goods and services associated with your application.
Partnering with a Brazil-based trademark attorney or one experienced with INPI procedures is highly recommended. These experts can help navigate the often complex process, respond effectively to Office Actions, and optimize your filing strategy.
If you’re preparing to file a trademark application in Brazil, check out our detailed guide crafted by experienced IP professionals. You can also benefit from Trama’s free lawyer’s check to receive expert feedback on your trademark and advice on the best next steps.
