The Brazilian Patent and Trademark Office (BRPTO) recently published an ordinance providing clarifications regarding the parameters to be used to effectively demonstrate that a trademark has achieved the status of a well-known trademark.

This has long been a demand from civil society and intellectual property experts, as understanding and identifying such parameters has always been a complex task due to the lack of well-defined criteria.

Previous regulations offered some concepts and guidance related to the procedure before the BRPTO, along with general suggestions on how such conditions could be proven — but without clearly stating the parameters that would be used during the examination of the request.

Resolution No. 107/2013 outlined in Article 3 the criteria for proving well-known status, and clarified in Article 4 and its paragraphs that such proof could be submitted through any type of evidence, emphasizing that market research was always recommended.

However, there was never any information about the minimum recognition percentage a trademark needed to achieve in such research for well-known status to be granted. Over the years, decisions became somewhat inconsistent — some trademarks obtained recognition with a certain percentage, while others were denied even when showing higher figures.

The new guideline (Ordinance No. 25 of July 23, 2025) aims to bring greater transparency to the analysis process. The current criteria for recognizing well-known trademarks are described in Article 65 of Ordinance No. 8 of 2022, as follows:

• Recognition of the trademark by a broad portion of the Brazilian public
• Quality, reputation, and prestige that the Brazilian public associates with the trademark and its products or services
• Degree of distinctiveness and exclusivity of the trademark in question

These criteria must be proven by the applicant, particularly through market research. Although there is no legal requirement mandating that such research be submitted, it is strongly recommended, as it addresses all the necessary criteria for achieving recognition. It is important to note that market research may be conducted in person, online, or by phone.

According to BRPTO’s new guidelines, the market research must include:

• At least 2,000 respondents
• Respondents must not be influenced in their answers
• Nationwide coverage
• Conducted within a maximum of two years prior to the recognition request
• Specific mandatory questions

And most importantly, BRPTO now specifies the recognition thresholds:

• If the research shows a final result above 71%, the declaration will be granted without the need for additional evidence, as the well-known status would be considered unquestionable.
• If the result falls between 61% and 71%, the applicant must submit additional documentation to prove the trademark’s level of recognition.

These changes bring greater clarity to the process, streamlining the procedures for well-known trademark recognition through well-defined criteria.

Although the established percentages may be debatable given the size and diversity of the Brazilian market, the fact that they are now defined provides predictability regarding the recognition of well-known status.

BRPTO also offers support to applicants through its Contact Us channel, allowing them to submit their research proposals for review to ensure all parameters are met — helping avoid future costs with supplementary documents or requirements.

The new rules have been included in the Trademark Manual as of August 7, 2025.