EU-Mercosur Agreement: what changes for your brand
The largest free trade agreement in the Americas came into effect on May 1, 2026. For Brazilian companies with registered brands, the implications for Intellectual Property are immediate. This guide explains what has changed, what is at risk, and what to do now.
What is the EU-Mercosur Agreement?
After more than thirty years of negotiations, the Association Agreement between the European Union and Mercosur (Brazil, Argentina, Uruguay, and Paraguay) officially came into force on May 1, 2026. It is the most ambitious bilateral agreement in EU history in terms of trade volume covered.
In addition to tariff reductions and rules of origin, the agreement includes a chapter dedicated to Intellectual Property with binding provisions on trademarks, geographical indications, copyright, and patents — progressively aligning Brazil with European standards.
For Brazilian entrepreneurs, this means preferential access to the European market — but also new risks for those who do not have their IP in order.
Four Changes Affecting Your Brand Now
Geographical Indications — New Layer of Risk
The agreement protects more than 355 European GIs in Mercosur and dozens of Brazilian GIs in Europe. Any company using geographical denominations — especially in food, beverages, textiles, and crafts — needs to verify if their name conflicts with a protected GI before exporting.
Expansion of Cross-Border Filings
With the reduction of trade barriers, European companies will file more trademarks in Brazil — and vice versa. The volume of potential conflicts at the INPI will increase. Monitoring only the INPI is no longer sufficient: the EUIPO must be watched with the same attention.
Shorter Opposition Window in Practice
With the increase in filings, the same formal opposition window (90 days at the INPI, 3 months at the EUIPO) becomes more critical. Without continuous monitoring, companies will lose the window before they know a conflict exists.
Historical Coexistence Conflicts
Trademarks registered in Brazil for decades may now conflict with European GIs or trademarks that gain recognition in the Brazilian market. A proactive portfolio review is recommended — especially in the agricultural, vitivinicultural, and origin denomination sectors.
Examples of GIs with New Protection Status
Companies using these denominations in products or brands need to verify immediate compliance.
Cachaça
Protected in the EU
Vale dos Vinhedos
Protected in the EU
Café do Cerrado
In process
Champagne
Protected in Brazil
Roquefort
Protected in Brazil
Parmigiano Reggiano
Protected in Brazil
Non-exhaustive list. The agreement protects 355+ European GIs and dozens of Brazilian GIs in the EU market.
What Your Company Should Do Now
Companies that export, import, or plan expansion in the next 24 months should act before conflicts arise in IP offices.
- 01
Audit the trademark portfolio to identify coexistences with protected European GIs
- 02
Register the most critical trademarks at the EUIPO before any commercial operations in Europe
- 03
Activate continuous cross-monitoring INPI + EUIPO to capture new conflicting filings
- 04
Review licensing and distribution contracts that may be affected by changes in territorial exclusivity
- 05
Document the use of the trademark in Brazil for potential defense in European opposition proceedings
Complete Atlantic coverage. From day one.
TrademarkIQ integrates data from INPI, EUIPO, USPTO, and WIPO into a single platform. When the agreement came into effect, our clients already had visibility on both sides of the Atlantic — without any additional configuration.
- Simultaneous monitoring of filings at INPI and EUIPO
- Real-time phonetic, semantic, and visual collision alerts
- Integrated GI database — automatic cross-referencing with portfolio
- Daily updated risk score for each trademark
- USPTO and WIPO/Madrid coverage for global expansion
- Exportable reports for legal teams and M&A due diligence
Is your brand ready for the European market?
Analyze your portfolio now and discover exposures at INPI and EUIPO before they become real problems.