Brazil Introduces New Rules On Acquired Distinctiveness In Trademark Registration

Acquired Distinctiveness Will Be Recognized by the Brazilian Patent and Trademark Office (BPTO) Starting November 28, 2025: A New Regulatory Framework for the Registration of Marks Lacking Inherent Distinctiveness

1. General Provisions

As a general rule, a trademark is a distinctive sign capable of identifying a single commercial source of goods or services.

However, a mark that is not inherently distinctive— due to its generic or descriptive nature — may acquire distinctiveness through continued and intensive commercial use, ultimately becoming associated with a specific source in the minds of consumers. This phenomenon is known as "secondary meaning" or "acquired distinctiveness."