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Who We Serve · Brazil

Is Your Brazilian Brand Protected in the United States?

Sua marca brasileira está protegida nos Estados Unidos?

Brazil is Latin America's largest economy, and Brazilian cosmetics, fintech, software, food, and industrial brands are expanding into the U.S. Brazil joined the Madrid Protocol in 2019, so Brazilian owners can extend an INPI filing to the U.S. or file directly with the USPTO.

USPTO data · Brazil

Brazilian trademark filings at the USPTO, 2021 to 2026

Brazilian applicants filed about 630 to 830 U.S. applications a year from 2021 to 2025, second only to Mexico in Latin America. They lead in services and technology, with Classes 35, 9, and 42 at the top, and about 13% of filings came through Madrid, the highest share in the region.

U.S. applications filed by Brazilian owners

Applications per filing year from owners with an address in Brazil. The 2026 bar covers January through September.

02004006008001,000630202165720226702023826202466220255002026*
View data table
Filing yearFiledRegistered to dateVia Madrid
202163035770
202265736483
202367037690
2024826400122
202566216794
2026 (Jan.–Sept.)5003257

Most common classes in Brazilian filings

Applications naming each class, 2021 to 2025. A filing can name more than one class.

Class 35 · Retail and business services757Class 9 · Software, electronics398Class 42 · Software and tech services385Class 3 · Cosmetics, fragrance, cleaners364Class 41 · Education, entertainment276

Brazil's leading sectors: cosmetics and personal care, fintech and banking, software, biotechnology and agriculture, and industrial equipment.

Top five Brazil-based owners of live U.S. trademark registrations

Current owners with an address in Brazil, ranked by the live U.S. registrations they hold. In all, 3,821 live U.S. registrations list an owner in Brazil.

WEG S.A.53Embraer S.A.43Natura Cosméticos S.A.42Grendene S.A.34Formarcas Ltda.29
View data table
RankOwnerLive U.S. registrations
1WEG S.A.53
2Embraer S.A.43
3Natura Cosméticos S.A.42
4Grendene S.A.34
5Formarcas Ltda.29

Counts the last listed owner of each live registration, grouping variations of the same company name. Registrations held through U.S. subsidiaries are not included.

3,445U.S. applications from Brazil, 2021 to 2025, ranking No. 2 of the eight Latin American countries we serve
56%of Brazilian applications filed in 2021–2023 have registered, below the 59% rate for all applicants
37%of Brazilian applications filed in 2021–2023 were abandoned without registering
13%of 2021–2025 filings came through the Madrid Protocol

How we counted. USPTO trademark records, retrieved October 27, 2026, counting applications by filing date where an owner's address is in Brazil. Brands owned through U.S. subsidiaries are counted under the U.S. The "registered" figures include registrations later cancelled.

Inside the numbers

How Brazilian applications fare at the USPTO

The USPTO issued 522 registrations to Brazilian owners in 2025, up 69% from 2021. Today, 3,833 live U.S. registrations and 1,183 pending applications name an owner in Brazil.

3,833live U.S. registrations naming an owner in Brazil
1,183U.S. applications from Brazil now pending
59%of 2021–2025 applications filed on an intent-to-use basis
20%relied on the Brazilian filing under Section 44(d) or 44(e)

Applications filed and registrations issued

Applications by filing year, and registrations by the year they issued. A registration usually issues 12 to 18 months after filing.

Applications filedRegistrations issued
02004006008001,00020212022202320242025
View data table
YearApplications filedRegistrations issued
2021630308
2022657256
2023670288
2024826435
2025662522

How Brazilian owners file: the filing basis

Share of 2021–2025 applications claiming each basis. An application can claim more than one.

Intent to use · § 1(b)59%Use in U.S. commerce · § 1(a)15%Home registration · § 44(e)12%Priority claim · § 44(d)8%Madrid designation · § 66(a)13%

Intent to use lets a brand reserve its U.S. rights before launch. Madrid designations account for 13%.

View data table
BasisApplicationsShare
Intent to use · § 1(b)2,03759%
Use in U.S. commerce · § 1(a)51915%
Home registration · § 44(e)41412%
Priority claim · § 44(d)2798%
Madrid designation · § 66(a)45913%

What happened to Brazilian applications, by filing year

Status today of applications filed each year. Recent years are still largely pending.

RegisteredAbandonedStill pending
View data table
Filing yearRegisteredAbandonedPending or other
2021 filings35725023
2022 filings36426429
2023 filings37620985
2024 filings400226200
2025 filings167137358

Most abandonments follow an unanswered USPTO refusal or a missed deadline to file a statement of use. Both are avoidable with a U.S. attorney docketing the file.

Your rights at home

An INPI Brazil registration stops at the border

Trademark rights are territorial. A registration from Instituto Nacional da Propriedade Industrial (INPI) protects your brand in Brazil, and nowhere else. In the United States, another company can file for the same name, and if it files first or uses it first, it can block your products, your Amazon listings, and your U.S. distributors.

Most Latin American systems give rights to whoever registers first. The U.S. system is different: rights come from use in the U.S., and a federal registration extends them nationwide. An application filed before you launch, on an intent-to-use basis, secures your U.S. priority date before your first shipment.

Signs you should file in the U.S. now

  • You are appointing a U.S. importer, distributor, or franchisee
  • You plan to sell on Amazon.com or other U.S. marketplaces
  • Your products are already sold in Miami or elsewhere in the U.S.
  • You are opening a U.S. location or a U.S. subsidiary
  • You have found a U.S. company using a similar name

A Portuguese-language version of this page is planned. Portuguese words in a mark must be translated in the U.S. application.

Your route to the U.S.

How a Brazilian brand gets U.S. protection

Route 1: a Madrid designation of the United States

Brazil has been a Madrid Protocol member since 2019. A Brazilian owner can file an international application through INPI Brazil, based on its INPI Brazil application or registration, and designate the United States. WIPO forwards the designation to the USPTO, which examines it under U.S. law exactly like a direct application.

For five years the U.S. protection depends on the INPI Brazil filing. If that filing is narrowed or cancelled, the U.S. designation falls with it, although it can be converted into a U.S. application within three months.

Route 2: a direct USPTO application

A direct application can be based on use in the U.S., an intent to use, a claim of priority to the INPI Brazil filing made within six months, or the INPI Brazil registration itself. It stands on its own, uses U.S.-specific wording, and can be amended more freely.

We recommend Madrid when several countries are needed and the INPI Brazil filing is secure, and a direct filing when the U.S. is the priority market or the home filing faces challenges.

Madrid costs

What it costs to enter the U.S. through the Madrid Protocol

A Brazilian owner designating the United States pays WIPO in Swiss francs: a basic fee for the international application and the U.S. individual fee for each class. Once the designation reaches the USPTO, it is examined like any U.S. application, with no further USPTO filing fee.

CHF 653WIPO basic fee, international applicationCHF 903 if the mark is in color
CHF 460U.S. individual fee, per classSince April 12, 2026
CHF 300Basic fee to add the U.S. laterSubsequent designation, plus CHF 460 per class
≈ R$280INPI certification fee, per class50% less for small companies; confirm at filing
Example: black-and-white mark, U.S. designated only1 class2 classes3 classes
WIPO basic feeCHF 653CHF 653CHF 653
U.S. individual feeCHF 460CHF 920CHF 1,380
WIPO total to enter the U.S.CHF 1,113CHF 1,573CHF 2,033
For comparison: direct USPTO application$350$700$1,050

Government fees only. Each additional country designated in the same application adds its own fee, which is why Madrid is usually most economical when several countries are needed. Later U.S. costs include any response to a USPTO refusal and the Section 71 declaration of use between years 5 and 6 ($325 per class). WIPO fees are fixed in Swiss francs; check the WIPO fee calculator on the filing date.

The U.S.-attorney requirement

Why a Brazilian owner needs a U.S. attorney

Since August 3, 2019, every applicant or registrant domiciled outside the United States must be represented before the USPTO by an attorney licensed in a U.S. state. That covers new applications, responses to refusals, including refusals of Madrid designations, oppositions, and post-registration filings.

We act as the U.S. attorney of record for Brazilian companies and work alongside their INPI Brazil filing firm, which stays involved in the strategy.

Selling into the U.S.

  • Amazon Brand Registry: Amazon recommends a trademark for each store you sell in, which for Amazon.com means a USPTO filing
  • U.S. Customs recordation stops counterfeit imports once the mark registers
  • Miami's port, airport, and distributors are the gateway for many Brazilian products entering the U.S.
How we support Brazilian brand owners

Who does what for your U.S. filing

Each matter is handled by a U.S.-licensed attorney, supported by paralegals and docketing staff who manage documents, deadlines, and communication. You always know who is responsible for each step.

§

Attorneys

Your U.S. attorney of record before the USPTO.

  • Clearance search review and a written risk opinion
  • Choice of owner, filing basis, and route (Madrid or direct)
  • Drafting goods and services in U.S. form
  • Responses to USPTO refusals, oppositions, and letters of protest
  • Enforcement against U.S. infringers and marketplace sellers

Paralegals and docketing

The people who keep your file complete and on time.

  • Collecting INPI Brazil filings, certificates, and translations
  • Reviewing specimens and evidence of U.S. use
  • Preparing filings and USPTO forms for attorney review
  • Docketing every USPTO, WIPO, and maintenance deadline
  • Preparing CBP recordation and Amazon Brand Registry paperwork
✉

Client communication

Built for owners and counsel outside the U.S.

  • Service in English and Spanish, with qualified translators for Portuguese
  • WhatsApp and email updates at each step
  • Copies of every USPTO notice with a plain explanation
  • Invoices in U.S. dollars with wire instructions
  • Coordination with your INPI Brazil filing firm
For Brazilian trademark firms

Working with your home counsel

Many Brazilian brands reach us through their INPI Brazil filing firm. We take instructions from that firm, report back in Spanish or English, and keep the client relationship where it belongs. Our role is the U.S. side: filing, examination, deadlines, and enforcement.

Foreign Trademark Counsel explains how we work with firms abroad.

Fees and paying from abroad

  • Invoices in U.S. dollars, with wire transfer instructions
  • USPTO and WIPO fees passed through at cost
  • A written estimate before each filing or response
Lessons learned

Top five filing mistakes Brazilian applicants make

These are the errors we see most often in U.S. filings by Brazilian brand owners. Most cannot be fixed after the application is filed.

1

Waiting for INPI before filing in the U.S.

INPI examination can be slow. Brands that wait for a Brazilian registration before filing in the U.S. risk someone filing first.

Delay
Lesson

File a U.S. application, or a Madrid application based on the pending INPI filing, early.

2

Software and fintech descriptions that do not fit U.S. practice

U.S. examiners require specific wording for downloadable software, SaaS, and financial services. Broad or translated descriptions draw refusals.

Classes 9, 36, 42
Lesson

Separate downloadable software, online services, and financial services, using ID Manual wording.

3

Ignoring central attack risk

For five years the U.S. designation depends on the Brazilian basic filing. Oppositions at INPI are common and can take the U.S. protection down with them.

Madrid dependency
Lesson

Use a direct U.S. filing when the Brazilian filing is contested.

4

Untranslated Portuguese terms

Portuguese words must be translated. A word that describes the product in Portuguese is refused in the U.S. as descriptive.

Foreign equivalents
Lesson

Check the English meaning before choosing the U.S. filing strategy.

5

Not planning for Amazon and Customs

Brazilian consumer brands entering the U.S. need a U.S. filing for Amazon.com Brand Registry and a U.S. registration for Customs recordation. Madrid designations take time to register.

Marketplace readiness
Lesson

File early enough to have a pending serial number before launch.

Questions

Frequently asked questions

Does my INPI Brazil registration protect my brand in the United States?

No. Trademark rights are territorial. A INPI Brazil registration protects your brand in Brazil only, and someone else can register it at the USPTO first.

Do I need a U.S. attorney?

Yes. Since August 3, 2019, applicants and registrants domiciled outside the U.S., including in Brazil, must be represented at the USPTO by a U.S.-licensed attorney.

Can a Brazilian company extend its INPI filing to the U.S.?

Yes. Brazil has been a Madrid member since 2019. The international application is filed through INPI and designates the United States.

Do you work in Portuguese?

We prepare U.S. filings in English and work with Brazilian clients and their home counsel, using qualified translators where needed.

How do I pay from abroad?

Our invoices are in U.S. dollars, with wire transfer instructions. Government fees are passed through at cost.

How long does a U.S. application take?

Most applications take 12 to 18 months from filing to registration. A refusal, an opposition, or an intent-to-use basis can add several months.

What if someone has already registered my brand in the U.S.?

We review the earlier registration to see whether it is vulnerable, for example for nonuse, abandonment, or bad faith by a former distributor. Options include a cancellation petition, a negotiated coexistence or assignment, or a change of brand for the U.S. market.

Can I register a Portuguese word as my U.S. trademark?

Yes, but the USPTO translates it. If the English meaning describes the goods, the mark is refused just as the English word would be. The application must include a translation of any Portuguese wording.

What does it cost to designate the U.S. through Madrid?

WIPO's basic fee of CHF 653 (CHF 903 for a color mark), plus the U.S. individual fee of CHF 460 per class, plus any fee charged by your home office.

Sua marca brasileira está protegida nos Estados Unidos?

Agende una consulta

Tell us your brand, what you sell, and where in the U.S. you plan to sell it. We will check the U.S. register, recommend Madrid or a direct filing, and give you a written estimate in U.S. dollars.

  • U.S. clearance searches
  • Madrid designations and direct USPTO filings
  • Responses to USPTO refusals
  • Amazon Brand Registry and U.S. Customs recordation