The Brazilian PTO updated its Trademark Guidelines on June 23, 2026. The main changes concern the recognition of highly reputed marks and the filing of applications under the Madrid Protocol.
Highly Reputed Marks
Under BPTO Normative Ordinance No. 68/2026, a request for recognition of a trademark’s highly reputed status may now encompass multiple registrations owned by the same trademark owner, provided that they cover the same mark in connection with different goods or services.
Previously, such a request could be based only on a single registration, which was required to cover the goods or services for which the mark was widely recognized. Under the new framework, the trademark owner may identify additional registrations for the same mark, enabling the BPTO to assess its degree of recognition across different market sectors.
The request must still be filed based on a registration selected by the trademark owner, to which the additional registrations will be linked. All registrations must cover the same trademark. If any linked registration is subsequently cancelled or declared invalid, the recognition of highly reputed status will cease to apply.
Madrid Protocol
The Guidelines also explain the new procedure for international applications and subsequent requests filed with the BPTO as the Office of Origin. These procedures must now be completed through the Madrid e-Filing platform.
The system allows applicants to prepare and submit international applications online. The BPTO then reviews and certifies the application before forwarding it to the World Intellectual Property Organization (WIPO). This change centralizes the filing process on the Madrid e-Filing platform and replaces the previous filing procedure.