IDS fosters dialogue with BPTO on the main changes implemented in the trademark system between 2025 and 2026

IDS fosters dialogue with BPTO on the main changes implemented in the trademark system between 2025 and 2026

On September 22, the Dannemann Siemsen Institute (IDS) held another edition of Agenda IDS, dedicated to the changes implemented by the Directorate of Trademarks, Industrial Designs and Geographical Indications (DIRMA) of the Brazilian Patent and Trademark Office (BPTO) throughout 2025 and 2026. The meeting marked the launch of a webinar series aimed at fostering dialogue between the INPI, users of the industrial property system, and society.

Patricia Porto, Academic Coordinator of IDS, introduced the speakers, and Elisabeth Siemsen do Amaral, a partner at Dannemann Siemsen and a member of the IDS Advisory Board, delivered the opening remarks. It was moderated by Filipe Fonteles Cabral, Director of IDS and partner at Dannemann Siemsen. The BPTO was represented by Alexandre Lopes Lourenço, Director of DIRMA; Elisangela Santos da Silva Borges, General Coordinator of Trademarks II; and Leila Silva Campos Braga, General Coordinator of Trademarks I.

Alexandre Lopes Lourenço presented an overview of the Trademark Directorate and the main challenges arising from growing demand. According to the data presented, the INPI exceeded 500,000 trademark applications last year, and the current year is expected to reach a similar figure. Projections indicate more than 600,000 trademark applications per year by 2028. At the same time, the backlog of pending applications has been shrinking, and processing times for unopposed applications have also decreased.

The director also addressed the use of technology and artificial intelligence in trademark examination. According to Alexandre, DIRMA has developed, in partnership with the Artificial Intelligence Center of the Federal University of Goiás (CEIA/UFG), AI-powered search tools that are already being used by examiners. In addition to these search tools, Alexandre explained that DIRMA is developing other AI solutions. He emphasized that these applications undergo validation and that examiners participate at every stage, from data curation to auditing and verifying the results. Examiners retain control over the examination process and the decision whether to grant registration. In this context, technology is presented as a tool to support examination, implemented gradually.

Next, Elisangela Santos da Silva Borges presented the changes regarding priority processing of trademark applications and the examination of high-renown status. In August 2025, priority processing was structured to address exceptional situations, covering modalities tied to legal requirements or the public interest. Eligible categories include elderly persons, persons with disabilities, persons with serious illnesses, individual microentrepreneurs, startups, Madrid Protocol users, and initiatives related to the online marketplace. According to the data presented, prioritized applications can reach a final decision in approximately 3.9 months.

Regarding high renown, she explained that the rules were refined to make the analysis more objective and predictable, particularly with respect to the market surveys used to demonstrate recognition of the mark. The parameters presented include national reach, representativeness of the Brazilian population, confidence level, and how recent the survey is. Under the criteria outlined, recognition rates above 71% are sufficient, while results between 61% and 71% require additional supporting evidence. The Directorate has also begun to allow, under certain conditions, more than one base registration to be indicated in the application.

Leila Silva Campos Braga, in turn, addressed acquired distinctiveness (secondary meaning). This doctrine allows the protection of originally descriptive or weakly distinctive signs that have come to identify a business source through continued use. The BPTO considers a reference period of three years and requires, among other elements, evidence of nationwide use of the sign through recent market surveys conducted with appropriate methodology. For mass-consumption products, a benchmark of 2,000 respondents was mentioned, while surveys targeting specific niches may use samples adjusted to the realities of the market in question.

Braga also presented “Opposition 2.0,” a model created to handle lower-complexity conflicts based on item XIX of Article 124 of the Brazilian Industrial Property Law. The new procedure uses a simplified form, limited to five prior marks and 1,500 characters, and has its own dedicated queue. The modality has achieved an average decision time of seven months and a 100% admissibility rate for petitions, with no rejections due to formal defects.

Finally, the webinar closed with the announcement that the Agenda IDS series will continue, also covering topics related to Geographical Indications and Industrial Designs. The initiative remains focused on bringing BPTO and users of the industrial property system closer together.

Note: For quick release, this English version is provided by automated translation without human review.

Full event:

Alexandre Lopes Loureiro:

Leila Silva Campos:

Elisangela Santos da Silva Borges: