Registering a trademark in Brazil through the INPI (Instituto Nacional da Propriedade Industrial) requires all supporting documents to be submitted in Portuguese. For European companies without a Brazilian entity, that means translating and certifying documentation before the application can proceed.
What the INPI requires in terms of translation
The INPI does not accept foreign-language documents without a Portuguese translation. The documents most commonly required include:
- Power of attorney granted to a local Brazilian representative (mandatory for foreign applicants)
- Company incorporation documents, such as articles of association or equivalent
- Certificate of trademark registration in the country of origin, when the application is based on Paris Convention priority
- Commercial registry extracts or equivalent documents confirming the legal existence of the entity
Not every document automatically requires a sworn translation (tradução juramentada) for INPI purposes, but in practice most Brazilian attorneys and notarial offices insist on it before accepting foreign documents. The safest approach is to treat sworn translation as the default and confirm any exceptions with the local representative.
Apostille, certification, and sworn translation: what applies
Both Portugal and Brazil are signatories to the Hague Apostille Convention, which means Portuguese public documents can be apostilled rather than legalised through the consular route. This simplifies the process considerably, but it does not remove the need for translation.
The standard workflow for Portuguese documents intended for Brazil's INPI is:
- Issue the original document in Portugal through a notary, registry office, or public authority
- Obtain the apostille from the competent Portuguese court (typically the Tribunal da Comarca or Tribunal de Relação)
- Commission a sworn translation into Brazilian Portuguese, carried out by a certified public translator (tradutor público juramentado) authorised in Brazil
The third step is where foreign applicants most often run into problems. Even when a document is already written in European Portuguese, Brazilian notaries and the INPI may require a sworn translation because they treat the two variants as legally distinct for formal purposes. This requirement should be confirmed with the local attorney before dispatching any documents.
Common documents and how to prepare them
The exact list of required documents depends on the type of applicant, whether the application claims priority under the Paris Convention, and whether the trademark has already been registered elsewhere. As a general guide, European companies registering a brand in Brazil should prepare:
- Power of attorney with specific powers granted to the Brazilian attorney, signed by an authorised representative
- Proof of the signatory's authority, such as board minutes or a certified extract confirming their right to bind the company
- Identification document of the signatory, if the applicant is an individual
- Priority certificate issued by the national IP office (e.g. INPI Portugal or EUIPO), if claiming convention priority based on an earlier filing
All of these documents follow the same processing chain: issue, apostille, and sworn translation into Brazilian Portuguese.
Companies structuring a broader market entry into Brazil often handle trademark registration alongside corporate documentation, commercial contracts, and regulatory filings. Centralising translation with a single provider ensures consistent terminology across all documents and simplifies coordination. For companies also active in other Lusophone markets, the same logic applies: registering a company in Angola through the IAPE raises comparable questions around certification and document preparation.
Common mistakes that delay INPI applications
The INPI can suspend or shelve an application if the documentation contains formal irregularities. The most frequent errors in applications submitted by foreign entities are:
- Power of attorney without apostille, or apostilled by an authority that lacks competence for that document type
- Non-sworn translation submitted where a sworn version is required by the notary or the INPI
- Insufficient proof of authority: the person who signed the power of attorney cannot demonstrably bind the company
- Name inconsistencies between the original document and the translation, including typographical errors or unauthorised adaptations of proper nouns
- Expired documents: some certificates have a validity period set by the INPI, and documents issued too far in advance may be rejected
A formal irregularity typically results in a compliance notice with a short response window. Resolving it often means obtaining a new document, a new apostille, and a new translation, multiplying both time and cost.
How M21Global supports trademark registration in Brazil
M21Global provides business translation services with direct experience in documentation for intellectual property proceedings, company registration, and market entry across Lusophone markets. The team works with translators specialised in commercial law and IP, and can coordinate certification and apostille requirements to avoid the formal errors that delay INPI filings. For companies managing entry into multiple markets simultaneously, M21Global's 20 years of experience and presence across Portugal, Brazil, Angola, and other markets means the terminology stays consistent across every document in the process.
If your company is preparing a trademark application in Brazil, contact M21Global for a quote and to confirm the specific document requirements for your case.
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Frequently Asked Questions
Do I need a sworn translation to register a trademark at Brazil's INPI?
In practice, yes. While the INPI does not always specify sworn translation for every document, most Brazilian notaries and attorneys require it before accepting foreign documents. Treating sworn translation as the default avoids delays.
Does a document already in Portuguese need to be translated for use in Brazil?
Often, yes. Brazilian notaries and the INPI may require a sworn translation even for documents written in European Portuguese, as the two variants are treated as legally distinct for formal purposes.
What is an apostille and how is it obtained in Portugal?
An apostille is an international authentication under the Hague Convention that validates public documents for use abroad. In Portugal, it is issued by the competent court (Tribunal da Comarca or Tribunal de Relação), depending on the type of document.
Can a European company apply for a trademark in Brazil without a local representative?
No. Brazilian IP law requires foreign applicants to appoint a local attorney (mandatário) domiciled in Brazil. The power of attorney granting that representative the necessary powers must be apostilled and, in most cases, accompanied by a sworn translation.
What is the typical timeline for translating and apostilling documents for the INPI?
Timelines vary depending on the volume and type of documents. Obtaining an apostille in Portugal typically takes several business days, and sworn translation in Brazil adds further time. M21Global can provide specific estimates once the document set is confirmed.



