Brazil Introduces New Administrative Rule on Acquired Distinctiveness in Trade mark Recognition

On July 3, 2025, INPI Brazil announced Administrative Rule No. 15/2025, establishing regulations for recognizing acquired distinctiveness in trade marks, set to take effect on the next November 28, 2025. 

Distinctiveness is a key requirement for trade mark registration under Brazil's Industrial Property Law, meaning a trade mark must identify a product or service as belonging to its owner. Typically, trade marks cannot be solely generic or descriptive. However, if a generic or descriptive mark becomes closely associated with a specific company or product, it can gain acquired distinctiveness.

The new rule will outline the concept of acquired distinctiveness and provide the necessary procedures, deadlines, and documentation for applicants seeking such recognition. This regulation fills a prior gap in the trade mark application process and will direct how the BPTO evaluates claims of acquired distinctiveness from the effective date.