Advancing IP in Brazil: BPTO’s 2026 vision for trademarks and industrial designs

The Brazilian Patent and Trademark Office (BPTO) presented, in a recent 2026 meeting, its main guidelines and perspectives for the trademark system in Brazil, reinforcing its commitment to modernization, efficiency, and greater predictability in administrative procedures.

Among the topics addressed, particular emphasis was placed on ongoing efforts to improve trademark examination, including the standardization of decisions and the optimization of internal workflows. These initiatives aim to enhance consistency in examination practices and provide greater legal certainty for system users.

The BPTO also highlighted the continuation and refinement of priority examination mechanisms, allowing for faster processing of applications in specific circumstances. This measure aligns with broader efforts to increase operational efficiency and reduce turnaround times in strategic cases.

From a regulatory standpoint, the importance of the continuous update of the Trademark Guidelines (Manual of Trademarks) was underscored. This instrument plays a key role in ensuring transparency in examination criteria and alignment with international practices.

One of the key topics addressed was the enhancement of the regime for the recognition of highly renowned trademarks. The BPTO highlighted relevant developments, including the possibility of indicating more than one base registration in a single request, as well as ongoing regulatory adjustments under the applicable Ordinance and the Trademark Guidelines. It was further emphasized that both the granting and maintenance of such status remain subject to the submission of robust, consistent and up-to-date evidence capable of demonstrating widespread recognition of the mark among the general public. In practical terms, these measures are expected to provide greater flexibility for owners with broader trademark portfolios, without lowering the high evidentiary threshold required.

In addition, the Office is advancing in the implementation of technological solutions to support examination activities, including tools aimed at improving prior art searches and increasing the efficiency of internal procedures, as part of a broader digital transformation strategy.

Finally, the BPTO reaffirmed the importance of ongoing dialogue with stakeholders through technical meetings and public engagement, as a means to continuously improve the system and align it with market needs.

Overall, the initiatives presented indicate a scenario of gradual evolution of the Brazilian trademark system, with a clear focus on efficiency, consistency in decision-making, and alignment with international standards.

The topic “Industrial Designs 2026”, presented by the Brazilian Patent Office (BPTO), outlines recent developments and future strategies for the industrial design system in Brazil.

In 2025, the system experienced significant growth, with a 35.7% increase in filings compared to 2024, alongside a record number of decisions, which rose by 106.6%. The annual target of 7,000 decisions was exceeded, reaching 8,474 decisions by November, demonstrating substantial gains in efficiency.

For 2026, BPTO proposes a new organizational structure, including a dedicated general coordination and examination division for industrial designs, as well as an expansion of the examination team (from 5 to 8 examiners in first instance and from 1 to 2 in second instance). This restructuring supports ambitious goals, such as 11,000 examination decisions and a reduced average examination time of 9 months.

Projections indicate moderate growth in filings, maintaining the upward trend. Strategic initiatives include the implementation of prior art search tools, the development of AI-based systems to automate application processing, and increased administrative support to enhance operational efficiency.

From a regulatory standpoint, the BPTO emphasized the ongoing review and update of the Trademark Guidelines (Manual of Trademarks), aiming to reflect the evolution of its administrative practice and to further align Brazilian standards with international practices. These updates cover, among other aspects, criteria related to distinctiveness, likelihood of confusion analysis and grounds for refusal, with the objective of enhancing clarity, consistency and predictability in examination outcomes.

Looking ahead, institutional expectations focus on reducing examination backlogs, improving system efficiency, and ultimately achieving fully automated processes using artificial intelligence, making the system more attractive and fostering the internationalization of Brazilian industrial designs.