Alerts
BPTO Launches Expedited Trademark Procedure in August 2025
As of August 7, 2025, the Brazilian Patent and Trademark Office (“BPTO”) will offer a new Expedited Trademark Procedure, pursuant to BPTO Ordinance No. 10 dated May 9, 2025 (“Ordinance”). This initiative aims to provide greater efficiency and predictability in the examination of trademark applications requiring urgent treatment.
- What is the expedited procedure?
This is an administrative proceeding that allows the prioritization of a trademark application, based on legal criteria or strategic purposes and public policies defined by the BPTO. It may significantly reduce the substantive examination period, which currently exceeds 12 months.
- Who may request it?
The request may be filed by the applicant or by a duly authorized attorney-in-law.
- What is the process of requesting this service?
The request for an expedited trademark procedure must be submitted via electronic petition and, when applicable, accompanied by the payment of the BPTO’s official fees. It is necessary to provide documentation proving entitlement to priority. The acceptance of the request will be subject to analysis of admissibility by the BPTO, and it must be published in the Official Industrial Property Gazette (Revista da Propriedade Industrial – “RPI”).
- What are the BPTO’s official fees?
4.1. Entitlement to waivers
In cases where priority is granted by law, the service is free of charge. The following parties may request an expedited procedure, dismissing the payment of the official fees:
- Individuals aged 60 or over
- Individuals with serious illnesses
- Individuals with disabilities
- Businesses operating under the “Inova Simples” model
There is no quota limit in these cases.
4.2. Strategic purposes or public policies
In other instances, according to the Ordinance, the BPTO’s official fee are BRL 890.00 (eight hundred and ninety reais) per application, in consideration of the following criteria:
- Parties who filed an opposition based on their right of precedence under Article 129, § 1 of the Brazilian Industrial Property Law
- Applicants requiring registration to access public funding
- Parties involved in judicial proceedings
- Applicants whose goods or services are linked to a patent under expedited examination
- Scientific, Technological and Innovation Institutions (ICTs)
- Beneficiaries of BPTO’s mentorship via a Technical Cooperation Agreement (ACT)
- Cases of public interest or national emergency
Unlike cases with an entitlement to waivers, requests in this category are subject to a global annual quota of 1,200 in 2025.
- Conclusion
The expedited trademark procedure is expected to render the system more agile, quickly serving those who need it most. The BPTO estimates that examinations may be concluded within two months under this procedure.
Our Intellectual Property team is monitoring the implementation of this new proceeding closely and remains available to clarify details and assist throughout the process.