Brazil’s National Institute of Industrial Property (INPI) published Portaria No. 15/2025, which will come into force on November 28, 2025. This regulation 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 owner demonstrates that, thanks to its constant use, consumers associate it directly with their products or services.
The Portaria defines the moments when the application can be filed (when registering the trademark, in oppositions, appeals, or nullities) and provides for an exceptional period of 12 months from its entry into force for cases already in progress.
With this measure, Brazil is taking an important step toward a clearer trademark system that is more 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.