Definition of a Highly Renowned Trademark:
A highly renowned trademark is one that is recognized by a large portion of the consumer public, regardless of the market segment in which it operates. Its protection regime is different: once recognized as such, the trademark enjoys protection in all areas of activity, not just in the class in which it was originally registered.
This is an exception to the principle of trademark specialty, which determines that the effects of protection are generally restricted to the class of products or services for which the trademark was registered.
Recognition by INPI
How does it currently work?
Recognition of high renown by the National Institute of Industrial Property (INPI) does not occur automatically. It is necessary to initiate a specific administrative procedure, supported by evidence showing, among other elements, (i) the degree of public awareness of the trademark; (ii) the reputation, quality, and prestige associated with the trademark; (iii) its distinctive character; and (iv) the volume of investments in advertising and marketing.
What has changed as of August 07, 2025?
As of August 07, 2025, with the publication on July 29 of a draft on the INPI website, specific parameters were established for market and brand image research, as provided for in INPI/PR Ordinance No. 8/2022. This research is now mandatory to support the application for recognition of a highly renowned brand, which represents a significant change from the previous practice, in which the owner could present other means of proof, such as opinion polls, more freely.
From now on, research must meet the following minimum requirements:
- Determine the level of brand awareness among the general public;
- Measure the degree of association between the trademark and the products/services covered by the registration;
- Assess the perception of quality, reputation, and prestige of the trademark among respondents;
- Be nationwide in scope, with a representative sample of the Brazilian population, without being restricted to consumers of the products/services identified by the trademark;
- Have a minimum confidence level of 95%;
- Be conducted with at least 2.000 respondents, considering representativeness in urban and rural areas in the five regions of the country;
- Have been conducted no more than two years prior to the date of filing of the application;
- Contemplate regional and geographic diversity, with representation in capitals, metropolitan areas, and rural cities, according to criteria defined by the INPI.
With these new requirements, the INPI seeks to standardize and give greater objectivity to the process of recognizing high renown, establishing more rigorous technical and statistical criteria to prove the brand's widespread knowledge and prestige in the national territory.
