Unregistered marks may be used legally provided the following conditions are met:

- The mark is not prohibited by the Brazilian laws

- The mark is not in conflict with any notorious mark

- The mark is not contrary to Brazilian customs and principles of morality

- The mark is not offensive to religious beliefs

- The mark is not misleading with regards to its origin or nature

Plus, prior use of a mark for a minimum of 6 months can be cited as a ground for claiming a “right of precedence.”