What Has Changed in the Registration of Trademarks Related to Gambling and Betting in Brazil

Legal certainty and brand strategy in the regulated betting market

The consolidation of the sports betting market in Brazil has caused relevant impacts not only in the regulatory environment, but also in the strategic management of companies’ intangible assets. Among these assets, trademarks occupy a central position, especially in a highly competitive, digital sector oriented toward consumer trust. In this context, the recent update of the procedure adopted by the National Institute of Industrial Property — INPI — for the examination of trademark applications involving gambling and betting represents an important milestone for business owners and managers who operate — or intend to operate — in this segment in Brazil.

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

The regulation of fixed-odds betting — popularly known as sports betting — expressly clarified that these activities are lawful when carried out by national legal entities, provided that the applicable legal and regulatory requirements are observed. This clarification produced direct effects on the industrial property system, as it removed, for this specific segment of the market, the generic understanding of illegality that previously prevented or hindered trademark registration.

In light of this new scenario, the INPI updated its internal examination procedure. The authority began to adopt a more technical and segmented analysis, distinguishing activities that are expressly authorized from those that remain prohibited under the legal system. The focus shifted from merely the terminology used in the trademark application to the effective lawfulness of the activity carried out by the applicant.

One of the central aspects of the new procedure concerns the legitimacy of the trademark applicant. The INPI now verifies whether the applicant carries out a lawful and effective activity in the regulated betting sector. Only legal entities may operate sports betting activities on a regular basis, which excludes, from the outset, the possibility of trademark applications filed by individuals, since the activity is not considered lawful for natural persons.

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

From a business perspective, this change requires heightened attention to the legal structure adopted even before filing a trademark application. The lack of alignment between the company’s operational reality and the formal requirements imposed by the INPI may result in office actions, refusals or strategically relevant delays.

Another sensitive aspect of the new procedure relates to the drafting of the specification of goods and services associated with the trademark. The INPI now normally accepts items that mention gaming services or online games. However, references to betting are only accepted if they relate to sports betting. Terms such as games of chance and casino services remain subject to stricter examination, as they are considered unlawful activities.

In practice, the wording of the trademark specification has ceased to be a mere technical detail and has become a strategic element. An imprecise description may compromise the entire application, while a legally aligned specification may enable trademark protection without unnecessary obstacles.

From a business standpoint, the update to the INPI’s procedure brings greater predictability and legal certainty for those operating in the lawful sports betting market. The concrete possibility of registering trademarks strengthens branding strategies, facilitates investment processes, expands partnership opportunities and contributes to long-term corporate valuation.

On the other hand, the new scenario also imposes responsibilities. The formalization of the activity, compliance with regulatory requirements and coherence between the company’s corporate purpose, its actual operations and the trademark application have become inseparable elements. Trademark registration is now part of a broader legal strategy involving regulatory, corporate and intellectual property law.

Companies that neglect this integration risk investing in trademarks that cannot be protected or, in more serious cases, exposing legal vulnerabilities that may affect their position in the market.

The update of the INPI’s procedure for trademarks related to betting and gaming represents a relevant institutional advancement, aligned with the evolution of the Brazilian legal framework. For business owners and managers, it constitutes 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 advice plays a strategic role. Prior analysis of the activity, 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 reacting to problems, the current regulatory environment requires legal planning as a tool for competitiveness and business sustainability.