BRAZIL
January 15, 2026
In this guide, we summarize the most significant IP developments that have occurred in Brazil in 2025:
Patent reexamination under new rules: Brazilian PTO updates post-appeal procedures
On May 27, 2025, the Brazilian Patent and Trademark Office published Ordinance No. 04/2025, establishing procedures for continuing the technical examination of patent applications (covering inventions and utility models, including certificates of addition) following a second-instance decision that sets aside a refusal (publication code 100.2) and returns the case to the first instance.
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Telecommunications inventions in Brazil: PPH program updates
The BRPTO announced on March 25, 2025, the updated criteria for receiving PPH requests in 2025 related to the field of Telecommunications.
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BRPTO and Brazilian Mint partner to combat piracy and enhance IP protection
The BRPTO has taken another step towards protecting Intellectual Property (IP) assets and fostering innovation in Brazil. On Tuesday, July 1, the BRPTO and the Brazilian Mint signed a memorandum of intent focused on combating piracy and promoting IP culture.
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BRPTO updates PPH program quotas and priority track for electric communication patents
The BRPTO issued Ordinance No. 16/2025, which was officially published in Official Bulletin No. 2856, on September 30, 2025. This new regulation revokes Ordinance No. 03/2025 and establishes updated guidelines for the acceptance of requests under the Patent Prosecution Highway (PPH) Pilot Project, effective October 1, 2025.
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Acquired distinctiveness in the spotlight: BRPTO's new rules and opportunities
The BRPTO published in the Official Bulletin No. 2840 dated June 10, 2025, Ordinance No. 15/2025, which allows the possibility of demonstrating acquired distinctiveness through use during trademark examination.
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Fast-track examination for trademarks in Brazil
On August 7, 2025, a new regulation issued by the BRPTO came into force, significantly expanding and systematizing the priority examination for trademark applications.
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Brazil joins the Budapest Treaty: a milestone for Biotechnology and Intellectual Property
On October 20, 2025, Brazil officially filed its instrument of accession to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Patent Procedure at the World Intellectual Property Organization (WIPO) in Geneva, thus becoming the 92nd contracting party to the Treaty.
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From trademark rejection to registration: BRPTO shifts its position on advertising expressions
Our local team of trademark attorneys successfully took advantage of an updated interpretation of the BRPTO to overturn a prior refusal and secure the registration of the INGETEAM ELECTRIFYING A SUSTAINABLE FUTURE trademark, an international designation that had initially been refused in Brazil for allegedly functioning as an advertising slogan.
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BRPTO invites public consultation on patent examination guidelines for artificial intelligence
This initiative marks an important step in shaping the future of AI patent protection in Brazil, allowing stakeholders, industry, academia, and practitioners to contribute to the framework that will guide the examination of AI-related inventions.
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BRPTO announced an increase in official fees that took effect on August 7, 2025
On May 13, 2025, Ordinance No. 110 regarding the Brazilian Patent and Trademark Office’s (BRPTO) 24.1% increase in official fees was published in the Official Bulletin No. 2836.
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New Sanitary Guidelines for Tobacco Packaging
On January 15, 2025, the Brazilian Health Regulatory Agency (ANVISA) presented a comprehensive manual to assist manufacturers adapt to Regulatory Instruction No. 332/2024. This regulation introduces updated health warnings and messages for tobacco-derived products packaging.
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If you have any questions or require additional information, please do not hesitate to contact us.
WIPO
January 05, 2026
The Nice Classification is an international system that organizes products and services into 45 classes in order to facilitate the registration and management of national and international trademarks.
On January 1, 2026, the 13th edition of the Nice Classification came into force. It has been developed primarily with regard to the destination, purpose of the product/service, or method of use.
- Trademark applications filed on or after this date must be classified according to this new edition;
- The list of goods and services in registrations filed prior to January 1, 2026, will not be reclassified.
In terms of new developments, specifically, changes and modifications have been made in nearly all classes of the Nice Classification, with the exception of classes 23 and 33.
On the other hand, classes 13 (firearms; ammunition and projectiles; explosives; fireworks), 32 (beers; non-alcoholic beverages; mineral and aerated waters; fruit-based beverages and fruit juices; syrups and other preparations for making non-alcoholic beverages) and 38 (telecommunications services) have undergone certain modifications only with respect to the explanatory notes presented before the complete list of products or services included therein, with no changes to the overall layout of the catalogue of products or services they contain.
The rest of the classes have changed both in their explanatory notes and in the complete list of their products or services. These are classes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, 34, 35, 36, 37, 39, 40, 41, 42, 43, 44, and 45.
Most significant developments
The following are some of the main new features:
1 – Essential oil products were previously covered by a single class. Now, depending on their intended use and purpose, they are divided into different classes:
- Class 1: essential oils used in the manufacture of cosmetics or for industrial purposes;
- Class 3: essential oils for fragrancing or cosmetic purposes;
- Class 5: essential oils for aromatherapy;
- Class 29: essential oils intended for flavoring food or beverages.
2 - Optical products (spectacles, contact lenses and sunglasses, etc) have moved from class 9 to class 10, as they are considered products for medical and/or therapeutic use.
3 - Optical services maintain the same classification. However, given the changes made in relation to the classification of optical products and services (discussed in the previous point), it is advisable to review the protection of these services, such as the sale, repair, and maintenance of this type of product.
4 - Electrically heated clothing was previously classified under class 11, which covers electrical appliances and devices. However, these products are now registered under class 25, along with clothing in general.
5 - Emergency and rescue vehicles were previously classified in class 9, but are now in class 12 due to their primary function as a mean of transport.
6 - Products with integrated technology, which are currently classified in class 9, are no longer automatically assigned to this class. Instead, their classification depends on the main function of the product. They must be assigned to the class corresponding to their essential function, even if they incorporate electronic components (examples: a smart refrigerator now corresponds to Class 11, a smart suitcase to Class 18, and a smart toy to Class 28).
Main Consequences
One of the main consequences of the new edition of the Nice Classification is that many previously registered trademarks, whose products or services are affected by the changes introduced, may require a strategic review of their protection.
Although these registrations remain fully valid and are not automatically reclassified, the descriptions of goods and services under which they were granted may no longer accurately reflect the company's current or future activity under the new classification criteria.
This misalignment may result in limitations to the actual scope of protection, especially in a context where new trademark applications are filed with more precise lists aligned with the 13th edition of the Nice Classification.
Advice on trademark registration and protection
Reviewing trademark portfolios allows for the identification of potential protection gaps, the anticipation of conflicts with third parties, and ensures that the trademark continues to be an effective asset consistent with the evolution of the business.
At UNGRIA, we have a team of trademark attorneys with extensive experience in designing and managing protection strategies tailored to each business.
We can help you analyze the impact of the new Nice Classification on your trademark portfolio, identify potential gaps in protection, and define the best strategy for registering, maintaining, and defending your trademarks, both nationally and internationally.
Please do not hesitate to contact us for more information.