Brazil's National Institute of Industrial Property (INPI) published Portaria No. 15/2025, which will take effect on November 28, 2025. This rule establishes, for the first time, a formal procedure for recognizing acquired distinctiveness (secondary meaning) in trademarks.
This means that a descriptive or generic sign may be registered as a trademark if the holder proves that, through continued use, consumers directly associate it with its products or services.
The Portaria defines the moments at which the request may be filed (upon registration, in oppositions, appeals or nullity proceedings) and provides for an exceptional 12-month period from its effective date for cases already in progress.
With this measure, Brazil takes an important step toward a clearer trademark system aligned with international standards.
Recommendation: companies should begin gathering evidence of recognition — such as surveys, advertising or sales data — to take advantage of this new mechanism.