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ARTICLE · 13 JANUARY 2026

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Secondary Meaning In Brazil: Effective Recognition Under A Consolidated Set Of Rules

Venturini IP
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Following up our last article published on 23 July 2025, the present article has the objective of updating the subject on the effective recognition of the Secondary Meaning in Brazil, which set of rules entered into force on November 28, 2025.

BrazilIntellectual Property
Adriane Bonato
Adriane Bonato

Following up our last article published on 23 July 2025 (https://www.mondaq.com/brazil/trademark/1647694/brazil-introduces-new-rules-on-acquired-distinctiveness-in-trademark-registration), the present article has the objective of updating the subject on the effective recognition of the Secondary Meaning in Brazil, which set of rules entered into force on November 28, 2025, with practical implementation by the Brazilian Patent and Trademark Office (BRPTO) on December 20, 2025.

1. Preliminary remarks

As a general rule, a trademark must be distinctive and capable of identifying a single commercial source of goods or services. Distinctiveness is, therefore, a core requirement for trademark registrability under Brazilian law.

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