The Brazilian National Institute of Industrial Property – INPI has issued INPI/PR Rules Nos. 066 and 067, dated April 10, 2026, governing the pilot program for the priority examination of trademarks.
Upon the entry into force of the Rules on May 1, 2026, the INPI began regulating new grounds for priority examination of trademark applications and trademark-related petitions. The measure is intended to establish a list of circumstances in which an application or petition may be transferred from the ordinary examination queue to a priority queue, on the premise that certain situations require a more expeditious response from the system.
Pursuant to Article 2 of INPI/PR Rule No. 066, the grounds for priority examination apply to trademark applications and trademark-related petitions filed by:
(i) an opponent invoking a right of precedence to registration in the context of an opposition proceeding, or the applicant of a trademark application opposed on the basis of Article 129, Paragraph 1, of the Brazilian Industrial Property Law;
(ii) a party whose release of public financial resources is contingent upon the grant of the trademark registration;
(iii) a party involved in judicial proceedings, other than a writ of mandamus, before a federal or state court, concerning the trademark sign;
(iv) a party whose product or service results from a patent that has been granted priority examination by the INPI;
(v) a legal entity qualifying as a Scientific, Technological and Innovation Institution, as defined by law;
(vi) a party that has received individual mentoring from the INPI;
(vii) a party covered by circumstances of public interest or national emergency, or the applicant for the names of nationwide government programs, in each case as declared by an act of the Federal Executive Branch;
(viii) a party whose ability to operate on an online marketplace platform is contingent upon the grant of the trademark registration;
(ix) a formally organized collective of traditional peoples and communities or family farmers, or an individual representing such collective;
(x) a legal entity qualifying as a startup, as defined by law;
(xi) the holder of a basic application linked to an international certification request, with the INPI acting as the Office of Origin for purposes of the Madrid Protocol;
(xii) a party domiciled in, or holding a trademark application or registration in, a country with which Brazil maintains a reciprocity agreement for priority examination;
(xiii) a party whose ability to obtain a permit, authorization or concession from a public authority is contingent upon the grant of the trademark registration.
INPI/PR Rule No. 067, in turn, establishes the quota system applicable to Phase II of the pilot program, as well as the criteria for acceptance of the requests submitted. For 2026, a total of 3,000 requests were made available, divided into two four-month periods: 1,500 slots from May 1 to August 31, 2026, and 1,500 slots from September 1 to December 31, 2026. The same Rule also sets a maximum limit of 10 priority-examination filings per applicant and provides that quota availability shall be determined on a first-come, first-served basis, according to the date and time of filing of the relevant requests.
In practical terms, the new Rules broaden the circumstances under which trademark examination times may be reduced and may benefit parties that require a faster decision from the INPI, whether to enable commercial activities, access public funding, operate on digital platforms, obtain permits or authorizations from public authorities, or resolve judicial disputes involving trademark signs.
In view of the year-on-year increase in delays in the INPI’s examination of trademark applications, which currently exceed 24 months, priority examination has become an important strategic tool for applicants seeking expedited examination of their trademark applications.