On June 10, 2025, the Brazilian Patent and Trademark Office (BPTO/INPI) announced Ordinance No. 15/2025, introducing Brazil’s first official framework for the recognition of secondary meaning (acquired distinctiveness) in trademarks. This groundbreaking regulation, which takes effect on November 28, 2025, is a significant step forward for businesses operating in Brazil’s dynamic and highly competitive market.
Until now, descriptive or generic signs were generally excluded from trademark protection, as they were not considered inherently distinctive. With this new regulation, however, companies that have invested heavily in branding, marketing, and continuous use can now seek protection for marks that, while originally descriptive, have acquired distinctiveness in the minds of the public.
Key Aspects of Ordinance No. 15/2025
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Formal Procedure: For the first time, applicants can formally request recognition of secondary meaning during the trademark registration process. This provides legal clarity and procedural transparency.
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Evidence Requirements: Applicants must prove that the mark has been in continuous use in Brazil for the last three years and present evidence that consumers recognize the sign as identifying their brand alone.
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Effective Date: The new framework will officially come into force on November 28, 2025.
Exceptional Window for Pending Cases
Trademark applications that were already under review or registrations being challenged for lack of distinctiveness as of June 10, 2025, will benefit from a special 12-month window starting on November 28, 2025. During this period, companies may submit a secondary meaning request to safeguard their marks.
Why This Matters for Businesses
The introduction of secondary meaning in Brazil aligns the country with international practices seen in jurisdictions such as the United States and the European Union. For companies, this means:
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Stronger brand protection for descriptive terms that have gained recognition through consistent use.
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Reduced risk of losing rights in disputes involving lack of distinctiveness.
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Enhanced legal certainty for marketing and branding investments.
This regulation is especially relevant for industries such as food and beverages, technology, retail, and fashion, where descriptive terms are often central to brand identity.
Conclusion
Ordinance No. 15/2025 is a milestone in Brazilian trademark law. By allowing secondary meaning claims, the BPTO provides businesses with new tools to protect valuable brand assets that previously faced rejection. Companies should now review their portfolios, gather evidence of acquired distinctiveness, and prepare to take advantage of the upcoming legal framework.
