The actions you may receive
Everything INPI does in a trademark case is published in its weekly gazette, the Revista da Propriedade Industrial (RPI). INPI does not send individual notices, and deadlines run from publication.
| Action | What it means | Time to respond |
|---|---|---|
| Office action (exigência) | INPI needs an amendment or a document to continue examination. | 60 days in substantive examination; shorter for formal requirements |
| Opposition | A third party has challenged your application. | 60 days from publication of the opposition |
| Suspension (sobrestamento) | Examination is on hold pending another case that affects yours. | Monitor; sometimes act against the blocking mark |
| Refusal (indeferimento) | INPI has refused registration. | 60 days to appeal |
| Provisional refusal (Madrid) | The national objections above, notified through WIPO for international registrations. | As stated in the notice, usually 60 days |
Office actions
An office action is not a refusal. It is a request INPI makes so that examination can continue. Common reasons include:
- terms in the specification that are vague or not accepted in Brazil;
- questions about how the mark is presented, or about the image filed;
- a missing power of attorney or translation;
- in some cases, evidence of the applicant’s activity.
Substantive office actions must be answered within 60 days of publication (Law 9,279/96, art. 159). Formal requirements raised right after filing have a much shorter deadline. The official fee to respond is R$ 180. If the deadline is missed, the application is shelved.
Oppositions
Any interested party may oppose an application within 60 days of its publication (art. 158). The applicant then has 60 days from publication of the opposition to respond. Common grounds are:
- an earlier mark for identical, similar or related goods or services (art. 124, XIX);
- a mark that is well known in its field, even if not registered in Brazil (art. 126);
- prior good-faith use of the same mark in Brazil by the opponent (art. 129, §1).
INPI decides the opposition during substantive examination, together with your response. Typical defenses show differences in appearance, sound and meaning, differences between the goods and services, and peaceful coexistence in the market. Negotiating with the opponent or narrowing the specification can also resolve the conflict.
Opposed applications take longer: INPI’s average time to decision was 34.4 months in 2025, compared with 18.3 months for unopposed ones.
Refusals and appeals
A refusal can be appealed within 60 days of publication (art. 212). Appeals are decided by a second instance within INPI. The official fee is R$ 700 per class, and appeals took 19 months on average in 2025. Sometimes a new application, with a revised mark or specification, is a faster route than an appeal.
Taking action against someone else’s mark
- Opposition within 60 days of publication of the conflicting application (official fee R$ 520 per class).
- Administrative nullity within 180 days of grant of the conflicting registration (art. 169; R$ 850 per class).
- Cancellation for non-use (caducidade) of a registration that has not been used in Brazil for 5 years (art. 143; R$ 590 per class).
These tools are especially relevant for foreign owners whose brand was filed in Brazil by a distributor or a third party before they entered the market.
Why deadlines are tight for foreign owners
Brazilian deadlines run from publication in the RPI, not from receipt of a letter. For Madrid designations, WIPO does not forward oppositions at all. By the time news of an action reaches the holder abroad, a significant part of the 60 days may be gone. A weekly RPI watch by a Brazilian representative closes that gap.
Frequently asked questions
Can we respond to an office action without a Brazilian attorney?
No. Applicants and holders domiciled abroad must act before INPI through a representative domiciled in Brazil (art. 217).
Can a deadline be extended?
As a rule, no. The deadlines in the Industrial Property Law are fixed, and missing one usually means the application is shelved or the case is decided without your input.
Does an opposition mean the application will be refused?
Not necessarily. INPI weighs the opposition and the response during examination. The outcome depends on how similar the marks are, the goods and services involved and the strength of the arguments.