Brazil will re-evaluate advertising slogans as trade marks and the "secondary meaning" of trade marks

Brazil's National Institute of Industrial Property (INPI) has published its Regulatory Agenda for 2024-2025.

First, the INPI plans to re-evaluate the technical examination standards related to the prohibition on registering a trade mark that is considered a sign or expression used solely as a means of advertising. 

Secondly, the INPI seeks to regulate the acquired distinctiveness "secondary meaning" of trade marks, establishing criteria for the examination of cases of acquired distinctiveness in applications for registration of non-traditional trade marks. This step aims to ensure the acceptance of "secondary meaning" in trade mark registrations.