News in the Trademark System! The Brazilian Patent and Trademark Office (BPTO) published yesterday, June 10, 2025, Ordinance No. 15/2025, which regulates the recognition of acquired distinctiveness of trademarks, also known as secondary meaning in Brazil.

Secondary meaning is a fundamental legal concept in trademark law, especially when it comes to registering marks that are not inherently distinctive. It refers to the point at which a sign that is initially generic, descriptive, or only minimally distinctive, such as a common word, a color, a surname, or a shape, comes to be recognized by the consuming public as identifying a specific business origin, due to its continuous, exclusive, and intensive use in the market.

The new regulation outlines how to request the examination of acquired distinctiveness, including deadlines, required documents, and procedures.
The rule will come into effect on November 28, 2025.

This change is the result of open dialogue with users, including a public consultation and meetings held. It will enable the registration and protection of signs that were initially non-distinctive but, through continuous and intensive use, have come to be recognized by the public as indicating a specific business origin. This values the effort involved in building a brand, broadens the scope of trademark protection, ensures legal certainty for rights holders, and helps prevent market confusion.