In June 2025, the Brazilian National Institute of Industrial Property (INPI) introduced Ordinance No. 15/2025, establishing—for the first time—a formal framework to assess acquired distinctiveness, also known as secondary meaning, in trademark applications and administrative proceedings. This new regulation, effective from November 28, 2025, creates clear, standardized procedures for brand owners seeking to protect descriptive or generic trademarks through proven market recognition.
The newly-established framework addresses a longstanding gap in Brazilian trademark law, offering a structured administrative path for companies to demonstrate that their trademarks have acquired distinctiveness through consistent and relevant use in the local market.
To obtain protection, applicants must demonstrate:
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A minimum of three years of continuous use of the trademark in Brazil prior to the request.
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That a significant portion of Brazilian consumers associates the trademark exclusively with the applicant.
The regulation specifies when and how requests for recognition can be filed:
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During the initial application process.
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Within 60 days after the trademark is published.
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As part of administrative appeals or when responding to oppositions or nullity actions.
A 12-month transition period starting November 28, 2025, allows pending applications and contested registrations to benefit from this new legal tool.
By reducing the dependency on litigation and providing clear evidentiary standards—including sales data, advertising investment, consumer surveys, media exposure, and geographic scope of use—this framework enhances legal certainty for trademark owners in Brazil. Descriptive or generic trademarks that meet these requirements can now secure formal protection more efficiently.
At Moeller IP, we assist companies in building strong evidence files and strategic arguments to successfully navigate the acquired distinctiveness process, protecting their brands under this updated Brazilian regulation.
