On June 10, 2025, the Brazilian Patent and Trademark Office (“BPTO”) published Regulation No. 15/2025 (the “Regulation”), which regulates the acquisition of trademark distinctiveness through use.

The new regulation provides guidelines on how signs that initially lack inherent distinctiveness may become eligible for trademark protection through continuous and effective use.

According to the Regulation, inherent distinctiveness is defined as the ability of a sign to identify the origin of goods or services offered to consumers, distinguishing them from similar or identical offerings in the market. Distinctiveness is a fundamental requirement for a sign to be perceived as a trademark, as it ensures clear and unequivocal identification of the source of goods and services.

BPTO’s Regulation No. 15/2025 aligns with international trends that allow trademarks initially lacking distinctiveness to acquire legal protection through long-term use and market recognition.

In this context, applicants must demonstrate that the relevant consumer associates the sign with the origin of the goods or services, even if the sign did not originally possess such distinctive capacity. To this end, the Regulation requires evidence of continuous use of the mark for at least three years, as well as recognition by the national consumer base.

Scheduled to take effect on November 28, 2025, the Regulation represents a significant step forward in the consolidation of trademarks in Brazil—particularly those built through market use and recognition—and brings Brazilian industrial property regulations closer to international standards.

We will continue to monitor BPTO’s publications and look forward to sharing further updates on regulatory developments in the field of industrial property in Brazil.