The Brazilian Patent and Trademark Office, has expanded its Trademark Examination Optimization Plan. Since February 2026, the Office has been sending batch office actions to check whether applicants have legitimacy to seek registration, that is, whether they actually carry out, or can carry out, the activity tied to the goods and services claimed in the application. On October 16, 2026, the initiative gained wider reach.
Who is most affected
The first phase focused on individuals and individual microentrepreneurs (MEI) filing in classes 3 and 5, owners with an inactive CNPJ (taxpayer registry number), specifications with unlawful items and marks containing the term “cachaça”. The check for individuals and MEI now reaches many more classes, especially those tied to regulated activities, such as chemicals, weapons, vehicles, tobacco, banking, insurance, telecommunications, energy and hospitals. Some classes carry exceptions for lower-risk items and services, and the full list is in the table published by INPI.
What this means in practice
Anyone filing in their own name or as an MEI in these areas may receive an office action. In general, it can be answered by adjusting the application or by submitting documents that prove the activity in the applicant’s name, since simple statements are not accepted. Where the CNPJ is inactive, the situation must be regularized or the application transferred to a company with an active CNPJ.
A precaution before filing
Before filing, it is worth checking that the chosen owner has a basis for the activity and consulting the PTO’s table of classes. This can help avoid office actions and examination delays.
How we can help
We are available to assist individuals and companies with trademark filings. With examination rules becoming ever more detailed, being represented by an intellectual property firm helps to define the most suitable ownership, choose the classes and draft the specification with care, as well as to prepare the necessary documents, respond to any office actions and follow deadlines before the PTO. This support gives the process more certainty and helps protect an asset that matters to the business.
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Author: Patrícia A. Lusoli, and Cesar Peduti Filho, Peduti Advogados.
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If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.