Brazil Recognizes Its First Lingerie Geographical Indication: Who May Use the Place Name "Nova Friburgo" and Who May Not

Brazil's National Institute of Industrial Property (INPI) announced in Issue 2.912 of the Industrial Property Journal on 27/ 10/ 2026 that it had granted a geographical indication registration to Nova Friburgo (Rio de Janeiro State), of the "indication of origin" (Indicação de Procedência, IP) type, recognizing the city's reputation in lingerie production. INPI stated that this is the first geographical indication granted in Brazil for this type of product; Brazil now has 184 geographical indications in total, of which 139 are indications of origin and 45 are denominations of origin.

For Chinese lingerie, textile and apparel brands preparing to enter the Brazilian market, what deserves attention is not the numbers, but the fact that once a geographical name is formally tied to the origin reputation of a certain category of goods, naming, packaging and registration applications all gain an additional layer of things to check.

First, distinguish between the two types of geographical indications. Brazil's Industrial Property Law divides geographical indications into two categories: indication of provenance, which is based on "a place becoming known for producing a certain type of goods or providing a certain type of service," and looks to reputation; and denomination of origin (Denominação de Origem), which requires that the quality or characteristics of the goods be essentially attributable to the geographical environment, including natural and human factors. This case falls under the former—INPI attributes Nova Friburgo's reputation to the continuation of a textile tradition, the formation and transmission of specialized knowledge, and the long-term accumulation of production and institutional networks; the notice emphasizes historical accumulation and reputation, not that the quality of the goods is essentially attributable to the local natural and human environment.

The two types of geographical indications are protected in the same way. Under Article 182 of the Law, use of a geographical indication is limited to producers and service providers established in the region; the difference is that a denomination of origin must also meet the corresponding quality requirements. In other words, this registration does not monopolize the "underwear" category, but rather limits use of the name "Nova Friburgo" to producers within the region who comply with the usage regulations. Where a product is not produced in the region, using the place name as an indication of provenance falls outside the use permitted under that article.

There is a further layer at the trademark level. Article 124, items 9 and 10 of the Law list as unregistrable "geographical indications and imitations likely to cause confusion," "signs likely to mislead as to a geographical indication," and "signs likely to mislead as to origin, provenance, nature, quality or purpose." Conversely, Article 181 also leaves room: a geographical name that does not constitute a geographical indication may serve as a distinctive element of a trademark, provided it does not suggest a false origin. So the answer to "can a trademark containing a place name be registered" is not "yes" or "no," but lies in two questions: whether the name is a geographical indication for this type of goods; and whether the manner of use would mislead consumers as to provenance.

The scope of coverage is worth checking in detail. The recognized region includes, in addition to Nova Friburgo, Cachoeiras de Macacu, Bom Jardim, Duas Barras, Carmo, Sumidouro, Cordeiro, Macuco, Cantagalo, Santa Maria Madalena, Trajano de Moraes and São Sebastião do Alto. Chinese brands with sourcing, contract manufacturing or supply-chain arrangements in these areas will face a cross-cutting question: how to describe a product that genuinely comes from the region, and whether the place name can be borrowed when it does not—the two need to be handled separately.

In preparation, four things can be done first: sort out the brand names, logos and slogans intended for use in Brazil, and list separately the elements that contain geographic names or could be read as hints of origin; verify whether the actual place of production of the products falls within the above-mentioned region; check the existing place-name expressions in packaging, online store pages and advertisements; and for Brazilian applications already filed or planned, confirm the relationship between their designated goods and the underwear and textile categories.

There are indeed trade-offs here. If geographic names are avoided entirely, the brand loses its association with the reputation of the place of origin; if a geographic name is placed in the main body of the trademark, it must bear the uncertainty of registrability and subsequent disputes. For enterprises that mainly rely on their own brands and have dispersed supply chains, it is all the more necessary to clearly separate the distinctive part of the trademark from the expression of origin; for enterprises that deeply rely on a specific production area to tell their story, they need to assess whether such reliance would be understood as borrowing a geographical indication. There is no uniform answer to the two choices; it depends on brand positioning, the actual place of production and long-term use plans.

It should be noted that this announcement only resolves the fact that "the geographical indication has been granted"; it does not address the specific determination of the registrability of geographic names in Brazilian trademark examination, nor does it provide examples of disputes or refusals. The above analysis centers on the scope of application and manner of use of this registration and does not constitute a prediction of the outcome of any specific application.

Source: Brazilian National Institute of Industrial Property (INPI) announcement dated 2026 year 10 month 27 day, "INPI reconhece Indicação Geográfica para a lingerie de Nova Friburgo (RJ)"; Brazilian Industrial Property Law (No. 9.279/1996), Article 124 and Articles 176 to 182.

Note: The content of this article is compiled from public information and is only general intellectual property popularization and practical observation, for information reference only; it does not constitute legal advice or other professional advice for any specific case, and the relevant determinations and conclusions should be subject to the official published documents and the actual circumstances of the individual case.