Priority processing: the new INPI rules

The National Institute of Industrial Property – INPI published INPI/PR Ordinances No. 066 and 067, of April 10, 2026, which deal with the pilot project for priority processing of trademarks.

With the entry into force of the Ordinances on May 1, 2026, INPI (National Institute of Industrial Property) began to regulate new cases of priority processing for trademark registration applications and trademark petitions. The measure seeks to establish a list of situations in which the application or petition can be transferred from the regular examination queue to a priority queue, based on the assumption that certain circumstances require a faster response from the system.

According to Article 2 of INPI/PR Ordinance No. 066, priority processing applies to registration requests and petitions where the applicant is:

(i) an opponent who invokes the right of precedence to registration in opposition proceedings or the applicant for registration who has been opposed based on §1 of article 129 of the LPI;

(ii) that which depends on the granting of trademark registration for the release of public financial resources;

(iii) party involved in a lawsuit, except for a writ of mandamus, at the federal or state level, involving the trademark;

(iv) anyone who possesses a product or service resulting from a patent prioritized by the INPI;

(v) legal entity considered a Scientific, Technological and Innovation Institution (ICT), as defined by law;

(vi) the one who received individual mentoring from INPI;

(vii) that which is covered by situations of public interest or national emergency, or the applicant for designations of government programs of national scope, both declared in an act of the Federal Executive Branch;

(viii) that which depends on the granting of trademark registration to operate on a virtual marketplace platform;

(ix) a formally constituted group of traditional peoples and communities or family farmers, or the individual who represents that group;

(x) legal entity considered a startup, as defined by law;

(xi) holder of a basic application linked to an application for international certification, with INPI as the Administration of Origin for the use of the Madrid Protocol;

(xii) those domiciled or with a trademark application or registration in a country with which Brazil maintains a reciprocity agreement for priority processing;

(xiii) that which depends on the granting of trademark registration for permission, authorization or concession by the public authority.

INPI/PR Ordinance No. 067 establishes the quota system applicable to Phase II of the pilot project, as well as the criteria for receiving submitted applications. For the year 2026, 3,000 applications were made available, divided into two four-month periods: 1,500 slots from May 1st to August 31st, 2026, and 1,500 slots from September 1st to December 31st, 2026. The same Ordinance also provides for a maximum limit of 10 priority processing protocols per applicant, in addition to establishing that the availability of quotas will observe the order of date and time of protocol of the applications.

In practice, the new regulations expand the possibilities for reducing trademark examination times and can benefit those who depend on a faster decision from the INPI (National Institute of Industrial Property), whether to enable commercial activities, access public resources, operate on digital platforms, obtain authorizations from the Public Authorities, or resolve legal disputes involving trademarks.

Considering the year-on-year increase in the slowness of trademark registration application processing by the INPI (currently exceeding 24 months), priority processing appears as an important strategic tool for applicants to have their applications reviewed earlier.

With this in mind, Ritter Advogados offers a questionnaire that allows you to quickly and preliminarily check if your case may fall under any of the circumstances that allow you to request priority processing. To access it, simply visit our website, select the "Consultations" option in the main menu and then click on "Find out if you are entitled to request Priority Trademark Examination".