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.
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.
View data table
| Filing year | Filed | Registered to date | Via Madrid |
|---|---|---|---|
| 2021 | 630 | 357 | 70 |
| 2022 | 657 | 364 | 83 |
| 2023 | 670 | 376 | 90 |
| 2024 | 826 | 400 | 122 |
| 2025 | 662 | 167 | 94 |
| 2026 (Jan.–Sept.) | 500 | 32 | 57 |
Most common classes in Brazilian filings
Applications naming each class, 2021 to 2025. A filing can name more than one class.
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.
View data table
| Rank | Owner | Live U.S. registrations |
|---|---|---|
| 1 | WEG S.A. | 53 |
| 2 | Embraer S.A. | 43 |
| 3 | Natura Cosméticos S.A. | 42 |
| 4 | Grendene S.A. | 34 |
| 5 | Formarcas 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.
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.
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.
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.
View data table
| Year | Applications filed | Registrations issued |
|---|---|---|
| 2021 | 630 | 308 |
| 2022 | 657 | 256 |
| 2023 | 670 | 288 |
| 2024 | 826 | 435 |
| 2025 | 662 | 522 |
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 lets a brand reserve its U.S. rights before launch. Madrid designations account for 13%.
View data table
| Basis | Applications | Share |
|---|---|---|
| Intent to use · § 1(b) | 2,037 | 59% |
| Use in U.S. commerce · § 1(a) | 519 | 15% |
| Home registration · § 44(e) | 414 | 12% |
| Priority claim · § 44(d) | 279 | 8% |
| Madrid designation · § 66(a) | 459 | 13% |
What happened to Brazilian applications, by filing year
Status today of applications filed each year. Recent years are still largely pending.
View data table
| Filing year | Registered | Abandoned | Pending or other |
|---|---|---|---|
| 2021 filings | 357 | 250 | 23 |
| 2022 filings | 364 | 264 | 29 |
| 2023 filings | 376 | 209 | 85 |
| 2024 filings | 400 | 226 | 200 |
| 2025 filings | 167 | 137 | 358 |
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.
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.
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.
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.
| Example: black-and-white mark, U.S. designated only | 1 class | 2 classes | 3 classes |
|---|---|---|---|
| WIPO basic fee | CHF 653 | CHF 653 | CHF 653 |
| U.S. individual fee | CHF 460 | CHF 920 | CHF 1,380 |
| WIPO total to enter the U.S. | CHF 1,113 | CHF 1,573 | CHF 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.
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.
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
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
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.
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.
DelayFile a U.S. application, or a Madrid application based on the pending INPI filing, early.
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, 42Separate downloadable software, online services, and financial services, using ID Manual wording.
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 dependencyUse a direct U.S. filing when the Brazilian filing is contested.
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 equivalentsCheck the English meaning before choosing the U.S. filing strategy.
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 readinessFile early enough to have a pending serial number before launch.
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.
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