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Jun 23, 2025 (Newsletter Issue 06/25)
Brazil
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New Trademark Service - Priority Prosecution


Effective August 7, 2025, the Brazilian PTO will roll out an innovative new service: the Trademark Priority Fast Track. This initiative aims to accelerate the examination of specific trademark applications and petitions.

Applicants, or their legal representatives, can submit a request. In all instances, it's mandatory to complete the specific form, pay any applicable fees, and provide documentation proving the right to priority prosecution. If there are co-owners, all parties involved must meet the required criteria.

There are two main categories for requesting priority prosecution:

1. Legally Established Priorities

Under this category, the service is free of charge and has no quota limits. The following are eligible:
• Individuals aged 60 or older;
• Individuals with serious illnesses;
• Individuals with disabilities;
• Companies registered under the Inova Simples model.

2. Cases Aligned with Strategic Objectives and Public Policies

For this category, there is a quota limit and a fee of R$ 890.00 will be charged. Eligible applicants include:
• Individuals or legal entities who have filed an opposition based on right of precedence;
• Applicants who need a trademark registration to release public funds;
• Applicants involved in a court action;
• Those with products or services linked to patents already undergoing priority prosecution;
• Scientific, Technological, and Innovation Institutions (ICTs);
• Those mentored by the PTO through Technical Cooperation Agreements (ACTs);
• Those involved in matters of public interest or national emergency.

The Trademark Priority Prosecution is designed to enhance the efficiency of the trademark registration system, ensuring swifter processing for those with justified priority needs. It's crucial for applicants to pay close attention to the deadlines and the list of documents required for each type of request.

Source: https://llip.com/