INPI changes processing and alters the fee schedule for trademarks and patents – new values come into effect in August 2025

The National Institute of Industrial Property (“INPI”) introduced significant changes in the processing of trademark and patent applications, in addition to changing the official fees for some services, according to Ordinances GM/MDIC No. 110/2025 and INPI/PR No. 10/2025.

Among the main changes, we highlight:

• Simplification of the procedure for Trademarks and Patents.

Previously, trademark registration required the payment of two fees: one at the time of filing and another at the time of approval. Currently, the fee is a single fee, meaning payment, which encompasses both amounts, is made only at the time of filing the application. Therefore, if the application is granted, the registration is completed automatically, without requiring further payment at the end of the process. The new rule applies to trademark applications granted on or after 24/06/2025. Therefore, requests approved before this date are still subject to the separate payment rule.

• Final Fee Exemption Benefit:

For trademark and patent applications filed before the change in payment rules, INPI offers a benefit of exemption from the final fee for those whose application is approved by a deadline: 20 / 09 / 2025 for brands and 19 / 12 / 2025 for patents.

In these cases, the certificate or patent will be issued automatically, without the need to pay the final fee. If the granting occurs after these dates, payment of the final fee will be mandatory for the registration to be effective.

This exemption is a way to ease the transition to the new unified payment system and avoid additional charges for orders that are still in progress.

In summary:

• For requests made before the change in payment rules (before August 2025), INPI still charges the final fee to issue the certificate or letter patent.

• However, there is a temporary exemption: if these requests are granted until 20/09/2025 for brands or 19/12/2025 For patents, INPI issues the certificate automatically, without charging this final fee.
• If the old application is granted after these dates, you will need to pay the final fee to obtain the certificate.

For orders placed after the change (after August 2025), the rule is different: payment is unified and made entirely at the order deposit — so there is no extra final fee for these cases.

• Inclusion of new services such as:

1. Withdrawal of appeal or patent application: It is now possible to officially withdraw an appeal or patent application under review through a specific service created by INPI, which brings more clarity to the process and avoids unnecessary costs or steps.

1. Brand recognition by use (Secondary Meaning):. From 28 / 11 / 2025, the INPI will expressly regulate the institute of secondary meaning (distinctiveness acquired through use) in the Brazilian trademark system. This new rule allows the registration of signs that would initially not be registrable because they are descriptive, generic, or in common use, unless the owner proves that the mark has become widely recognized by the public due to its constant and prolonged use in the market. The concept of secondary meaning It is already widely consolidated in several countries, especially in the United States, where brands, such as Apple and Windows, are protected precisely because they have acquired a distinctive character over time, even starting from terms or elements that were initially generic or descriptive.

In Brazil, although the topic was still under development in case law, decisions such as the one that recognized the exclusivity of the trademark "China in Box" over the use of "Asia in Box," for example, already indicated a trend toward recognizing acquired distinctiveness. Other national examples include expressions like "Atlético Mineiro" and "A Casa do Pão de Queijo," which, despite being composed of generic or descriptive terms, have become unequivocally associated with specific brands.

In short, the regulation of secondary meaning It strengthens trademark law by allowing the protection of signs that have become distinctive through use. The standard broadens the scope of legal protection, enhances publicly recognized brands, and provides legal certainty by defining clear criteria for proving acquired distinctiveness.

1. Accelerated examination for trademarks: From 07/08/2025, it will be possible to request priority in the analysis of the trademark application. This will be accepted in cases such as:

1. The brand is involved in a legal dispute;
2. There is proof of prior use of the trademark in good faith;

• The brand is linked to a product/service with a patent in accelerated processing;

1. There is strategic or public policy interest.

1. Free access to certain services, such as:
2. Withdrawal of petitions;

• 1. Granting of registration via the Madrid Protocol (international agreement on trademarks).

1. The 60% discount dropped to 50% for:
   1. Microenterprises, NGOs, individuals, etc.

1. A total exemption (100%) was created for:
   1. People with disabilities (PWDs);
   2. People in need (demonstrably unable to pay).

1. End of 12 services: INPI has eliminated some little-used services, such as:

1. Specific search certificates;
2. Complementary searches in international applications (PCT).