Brazilian Patent and Trademark Office (INPI) regulates secondary meaning and registration of slogans in Brazil
In a significant development for intellectual property protection, Brazil’s Industrial Property Office (INPI) has introduced new regulation concerning the recognition of acquired distinctiveness, also known as secondary meaning, in trademark applications as well as the possibility of registering slogans as trademarks. This marks an important shift in Brazilian trademark practice and brings the country more closely in line with international standards.
The issuance of Ordinance No. 15/2025 and the updated Trademark Guidelines represent a milestone in Brazilian trademark law. They modernize the protection framework, provide more comprehensive legal tools for brand owners, and reflect a broader recognition of how market use can shape consumer perception.
How does the new regulation benefit companies in protecting trademarks and slogans?
Companies with valuable—but previously unregistrable—brand elements, especially descriptive terms and slogans, now have an unprecedented opportunity to transform them into registered assets. Acting quickly to take advantage of these changes is not only recommended but may prove decisive in protecting long-term brand value.
What are the changes in recognition of secondary meaning?
Under Brazilian law, trademark registration has traditionally required signs to be inherently distinctive—meaning they must be capable of distinguishing goods or services without requiring additional context. As a result, descriptive, generic, or otherwise non-distinctive signs (e.g., common adjectives or terms directly referring to product characteristics) were previously excluded from protection.
With Ordinance No. 15/2025 (that will come into force on 28th November 2025), INPI will allow applicants to claim and prove secondary meaning, whereby a sign that was originally non-distinctive can acquire distinctiveness through long-standing, exclusive, and consistent use in the market. The key evidence expected includes substantial use of the trademark in the three previous years and recognition by the public that the sign has come to identify a single source.
What’s new in registration of slogans?
In parallel, INPI has amended its Trademark Guidelines to expressly allow the registration of slogans, provided they meet the distinctiveness requirement. While slogans have always played a vital role in brand communication, they were refused registration in Brazil if deemed merely promotional or laudatory (e.g., “The best in the market”).
Under the new guidelines, a slogan can be registered if it functions as a source identifier, that is, if consumers perceive it as an indication of origin and not just as an advertising phrase.
How do these updates create strategic impact in Brazil?
Companies that were previously forced to rely on unfair competition laws or face drawn-out legal battles now have a clear legal pathway to secure exclusivity over marks and slogans that have become valuable assets through branding and marketing efforts.
Key benefits of the new regulations include:
- The ability to protect descriptive or inherently weak marks that have gained public recognition;
- A clearer route to register slogans that serve as commercial identifiers;
- Reduced reliance on litigation or unfair competition claims to enforce rights over unregistered signs;
- Alignment with international norms, facilitating brand harmonization and portfolio management across jurisdictions.
Taking advantage of these changes: transitional provisions and urgent considerations
To accommodate the new framework for recognition of secondary meaning, INPI has established a 12-month transitional period (from the time the new provision on acquired distinctiveness becomes enforceable) for pending trademark applications. During this time, applicants may:
- Present claims of secondary meaning and submit evidence to support them;
- Request on appeal the reassessment of previously refused applications based on lack of distinctiveness.
In addition, with the explicit possibility of slogan registration already available, companies are strongly encouraged to review their advertising materials and brand assets to identify eligible slogans that are worthy of protection. Importantly, prompt action is crucial, as:
- Slogans currently in use but not yet registered may be vulnerable to preemptive filings by third parties;
- If a third party obtains a registration for a similar slogan, the original user may face legal obstacles or costly opposition and cancellation proceedings;
- Early filing helps establish priority and deters infringement or misappropriation.
