The National Institute of Industrial Property (INPI) published on June 23, 2026, an update to the Trademark Manual that promises to significantly alter how well-known marks are recognized and how international registration applications are processed in Brazil.
Two changes deserve special attention from companies, IP firms, and branding strategists: the flexibilization of well-known mark recognition based on multiple registrations, and the incorporation of detailed guidelines on filing via the Madrid Protocol using the Madrid e-Filing system.
What has changed in Well-Known Mark recognition
Well-known status is a legal institute provided for in Art. 125 of the Industrial Property Law (LPI — Law No. 9,279/96), which grants special protection to marks considered publicly known throughout the national territory, regardless of the field of activity. A well-known mark is protected in all classes, even against third parties operating in completely distinct segments.
Before the update, INPI required that the application for well-known status recognition be linked to a single specific trademark registration. The new wording of the Manual, aligned with INPI/PR Normative Ordinance No. 68/2026, now allows recognition based on multiple registrations that designate distinct products or services, provided they use an identical trademark sign.
Practical implications
| Aspect | Previous rule | New rule |
|---|---|---|
| Application basis | Single registration | Multiple registrations with identical sign |
| Scope | Restricted to the class of the base registration | Allows demonstrating use in different classes |
| Burden of proof | Focus on a specific market | Allows building proof of renown in multiple sectors |
| Reference Ordinance | — | INPI/PR Ordinance No. 68/2026 |
In practice, this change benefits companies that operate with the same mark in different segments — a common phenomenon in large conglomerates that use the corporate brand for consumer products, financial services, technology, and healthcare. The possibility of combining registrations in distinct classes strengthens the argument that the mark has effectively transcended its market of origin.
Madrid Protocol: Filing via Madrid e-Filing
The second major novelty is the inclusion, in the Trademark Manual, of specific guidelines on filing related to trademark registration under the Madrid Protocol. The system, administered by WIPO, allows an owner to request international protection for their mark in multiple countries through a single application.
With the update, INPI advises that the procedure is now performed exclusively through the Madrid e-Filing system, WIPO’s digital platform for managing international trademark applications.
What this means for applicants
- Channel unification: there is no longer a need to file documents in the INPI system for international applications — everything is done directly in Madrid e-Filing.
- Legal certainty: the Manual’s guidelines eliminate doubts about required documents, deadlines, and procedures.
- Error reduction: the electronic system automatically validates formal requirements before submission.
- Integration with INPI: INPI acts as the “office of origin”, examining the international application before transmitting it to WIPO.
For IP firms dealing with multi-territorial marks, this change simplifies the workflow and reduces the margin for documentary inconsistencies.
Regulatory context: INPI/PR Normative Ordinance No. 68/2026
Ordinance No. 68/2026 serves as the normative basis for both changes. Although the full text still requires detailed analysis (available on the INPI Trademark Legislation page), the Manual’s update signals a clear directive: INPI seeks to modernize and debureaucratize the trademark system, aligning Brazil with international best practices.
This movement is consistent with other recent INPI initiatives, such as adherence to the Budapest Treaty for biotechnological patents and the administrative restructuring being discussed within the scope of the TRF-2 decision favorable to ABPI.
What to observe going forward
The update to the Trademark Manual represents a concrete advance in the predictability and efficiency of the Brazilian trademark system. Three points deserve monitoring:
- First well-known mark applications with multiple bases: how will INPI apply the new rule in practice? The trend is that the first cases will define administrative jurisprudence.
- Formal adherence to the Madrid Protocol: Brazil has been a signatory since 2019, but the Manual’s guidelines indicate that full operationalization through Madrid e-Filing is finally consolidated.
- Impact on already recognized well-known marks: can holders with previous registrations request re-examination in light of the new regulation?
For companies building strong brands in Brazil, now is the time for strategic review: it is worth re-evaluating the registration portfolio and considering whether the new well-known mark rule can be applied to strengthen brand protection.
Read also:
- Novo Nordisk vs. EMS in Court: The dispute over the Ozivy brand and the value of pharmaceutical branding
- LPI at 30 years: INPI releases report with proposals for improvement of the Industrial Property Law
- TRF-2 confirms ruling that paves the way for the restructuring of INPI
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