This Tuesday, July 29, the BRPTO published three ordinances in its Official Gazette #2847, addressing trademark priority procedures in Brazil.

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Ordinance #27 of July 25, 2025

Governs the priority procedure for trademark applications and amends Ordinance #08 of January 17, 2022. The text outlines cases eligible for prioritization:

• Legal determination (senior citizens, persons with disabilities, serious illnesses, or those qualifying under the special “Inova Simples” regime);

• Strategic objectives and public policies defined by the BRPTO.

The rule further details:

• Formal requirements for requests, which must be submitted through a specific brief;

• The processing of the application;

• The examination stage at which prioritization applies;

• The non-appealable nature of denials for priority procedure requests.

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Ordinance #28 of July 25, 2025

Establishes the modes of the priority procedure pilot project, each requiring specific documentation. The modes include:

• An opponent invoking precedence rights (under Paragraph 1 of Article 129 of the Brazilian IP Statute);

• Dependence on the issuance of trademark registration for therelease of public funds;

• Parties engaged in a lawsuit (except mandamus suits);

• Product or service linked to a prioritized patent;

• Scientific, Technological, and Innovation Institutions (ICTs);

• Mentored by the BRPTO under a Technical Cooperation Agreement;

• Cases of declared public interest or national emergency by the Executive Branch.

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Ordinance #29 of July 25, 2025

Sets criteria for receiving applications under Pilot Project Phase I, taking place from August 7 to December 7, 2025:

• 1,200 requests will be available, with a minimum of 100 request per mode;

• Each applicant may file up to 3 applications;

• Quotas will be allocated based on filing order (date and time of filling).