What Changed in Trademark Registration for Gambling and Betting Brands in Brazil

Legal certainty and brand strategy in the regulated betting market

The consolidation of the sports betting market in Brazil has brought about significant impacts not only in regulatory terms, but also in the strategic management of intangible assets by companies. Among these assets, the brand holds a central position, especially in a highly competitive, digital sector that relies heavily on consumer trust. In this context, the recent update to the procedure adopted by the National Institute of Industrial Property (INPI) for examining trademark registration applications related to gambling and betting represents an important milestone for entrepreneurs and managers operating — or planning to operate — in this segment in Brazil.

For many years, the Brazilian legal environment was marked by uncertainty regarding the lawfulness of betting-related activities, which was directly reflected in the administrative review of trademark applications. Recent legislative developments, particularly the regulation of fixed-odds betting, required INPI to adapt its examination criteria in order to align trademark protection with the current regulatory reality.

The legal basis for the change and INPI's new approach

The regulation of fixed-odds betting — popularly known as sports betting — expressly recognized the lawfulness of this activity when carried out by national legal entities (pessoas jurídicas), provided that applicable legal and regulatory requirements are met. This recognition had direct effects on the industrial property system, since it removed, for this specific market segment, the generic understanding of unlawfulness that previously made trademark registration unfeasible or difficult.

In light of this new scenario, INPI updated its internal examination procedure. The agency began adopting a more technical and segmented analysis, distinguishing expressly authorized activities from those that remain prohibited under Brazilian law. The focus shifted from merely looking at the terminology used in the trademark application to actually assessing the lawfulness of the activity carried out by the applicant.

Who can apply for trademarks in the betting sector

One of the central points of the new procedure concerns the legitimacy of the trademark applicant. INPI now verifies whether the applicant carries out a lawful and effective activity in the regulated betting sector. Only legal entities (pessoas jurídicas) may operate sports betting on a regular basis, which immediately excludes the possibility of applications filed by individuals (pessoas físicas) for this type of service.

In the case of foreign companies, the analysis is even more rigorous. INPI requires that the activity be carried out through a legal entity incorporated in Brazil or under the control of a Brazilian company, in accordance with sector-specific legislation. This requirement is directly connected to the rules governing the authorization and oversight of fixed-odds betting, and it reinforces the need for integrated corporate and regulatory planning.

From a business standpoint, this change requires heightened attention to the legal structure adopted even before the trademark application is filed. A lack of alignment between the company's actual operations and the formal requirements demanded by INPI may result in office actions, refusals, or significant strategic delays.

The importance of correctly specifying the trademark

Another sensitive aspect of the new procedure relates to the wording of the specification of goods and services associated with the trademark. INPI now generally accepts descriptions referring to gaming services or online gaming, as long as they are compatible with lawful activities. However, when the specification mentions betting, the agency limits acceptance to sports betting, in line with current regulations.

Generic expressions such as "gambling," "casino services," or terms traditionally associated with prohibited activities remain subject to strict scrutiny and, in many cases, to refusal of the application. This is because such activities remain prohibited under Brazilian law and were not covered by the regulation of fixed-odds betting.

In practice, the choice of wording in the trademark specification is no longer a mere technical detail — it has become a strategic element. Imprecise wording can jeopardize the entire application, while a legally aligned description can enable protection of the trademark asset without unnecessary obstacles.

Practical impacts for entrepreneurs and managers

From a business perspective, the update to INPI's procedure brings significant gains in terms of predictability and legal certainty for those operating in the legal sports betting market. The concrete possibility of registering trademarks strengthens branding strategies, facilitates fundraising, expands partnership opportunities, and contributes to the company's long-term value.

On the other hand, this new scenario also imposes responsibilities. Formalizing the activity, complying with regulatory requirements, and ensuring consistency between the company's corporate purpose, actual operations, and trademark application have become inseparable elements. Trademark registration is now part of a broader legal strategy that encompasses regulatory, corporate, and intellectual property law.

Companies that neglect this integration risk investing in brands that cannot be protected or, in more serious cases, exposing legal vulnerabilities that could affect their market operations.

The role of preventive legal counsel

The update to INPI's procedure for trademarks related to betting and gaming represents a significant institutional advancement, aligned with the evolution of Brazil's legal framework. For entrepreneurs and managers, this is a concrete opportunity to structure and protect intangible assets in an expanding market, provided that such protection is built on solid legal foundations.

In this context, preventive legal counsel plays a strategic role. A prior analysis of the activity, the corporate structure, and the wording of the trademark application can prevent risks, optimize investments, and ensure that the company operates in compliance with current legislation. More than simply reacting to problems, today's regulatory environment demands legal planning as a tool for competitiveness and business sustainability.