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Trademark secondary meaning, long unrecognized in Brazil, now a relevant factor (update*)

By Melissa Ritti ( June 13, 2025, 15:46 GMT | Insight) -- Brazil’s Patent and Trademark Office this week unveiled a new path to registration for generic or descriptive trademarks which would ordinarily be vulnerable to rejection. In a notice published in its Official Gazette, the National Institute of Industrial Property, or INPI, recognized for the first time the relevance of secondary meaning during trademark examination. Although the change won’t become effective for several months, brands can bolster their case, now, by being prepared to show “substantial and continuous” use over the last three years and gathering evidence that those same trademarks are viewed as source-identifying in the minds of the relevant public. Brands will soon be privy to expanded trademark protections in Brazil....

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