We are pleased to inform you of a significant development in Brazilian trademark law that will enhance the protection of brands with strong market recognition.
On June 10, 2025, the Brazilian Patent and Trademark Office (BPTO) issued Ordinance No. 15/2025, which officially regulates the recognition of acquired distinctiveness, also known as secondary meaning, in Brazil.
What is acquired distinctiveness?
Acquired distinctiveness is a key concept in trademark law. It applies when a sign that is not inherently distinctive, such as a descriptive term, color, surname, or shape, gains public recognition as a trademark through continuous, exclusive, and consistent use in the market.
With this new regulation, brand owners can now formally request recognition of this status for their marks, even if those marks began as generic or merely descriptive.
What does the regulation establish?
The ordinance details:
- Procedures for filing an examination request
- Necessary documentation to demonstrate acquired distinctiveness
- Deadlines and applicable criteria
This new framework will come into force on November 28, 2025, giving businesses time to prepare the necessary evidence and strategy.
A collaborative milestone
This regulatory advancement was shaped by public consultation and stakeholder meetings, reflecting the BPTO’s commitment to transparency and innovation.
It values the investments made in brand-building, increases the legal certainty for rights holders, broadens the spectrum of trademark protection, and contributes to a more competitive and fairer marketplace by reducing the risk of consumer confusion.
“This is a long-awaited and positive step for trademark owners in Brazil. The recognition of acquired distinctiveness reinforces the importance of branding strategy and legal consistency. It shows that the BPTO is aligning with global best practices, acknowledging that real distinctiveness can be earned through use, reputation, and persistence.”
– Trademarks Team, Di Blasi, Parente & Associados
If you believe your brand may benefit from this new regulation or wish to understand how to prepare supporting evidence, our team is ready to guide you through each step.
