On June 10, 2025, the Brazilian Patent and Trademark Office (BRPTO) published the long-awaited regulation on acquired distinctiveness — formally known as secondary meaning — through Ordinance No. 15/2025. With this regulation, signs or expressions that were originally non-distinctive may now be registered as trademarks, provided that distinctiveness acquired through effective and continuous market use is satisfactorily demonstrated.

By doing so, the BRPTO aligns itself with a practice long established in Brazilian courts and widely recognized in international administrative procedures.

Key highlights of the regulation include:

• The request may only be submitted at specific procedural stages: at the time of filing the trademark application; within 60 (sixty) days of the application’s publication; when appealing a rejection decision; or when responding to an opposition or to an administrative nullity proceeding.
• The request for recognition of secondary meaning can only be submitted once per administrative proceeding.
• Recognition will be based on an assessment of documentary evidence provided by the applicant, including proof of continuous use of the mark during the three years preceding the request and evidence that a significant portion of the national consumer public identifies the sign as a trademark originating exclusively from the applicant.
• Administrative appeals may be filed within 60 days of publication of the decision in the Industrial Property Gazette.
• Ordinance No. 15/2025 will enter into force on November 28, 2025. Specific guidelines for electronic submission of supporting documents will be issued separately by the BRPTO.

ClarkeModet Brazil is available to provide further information on the topic and support in reviewing pending or future trademark applications.

For inquiries, please contact us at brj@clarkemodet.com.br