A .br domain dispute is not decided under the UDRP but under the SACI-Adm, Brazil’s own administrative procedure, run in Portuguese. It is more favourable to brand owners in three ways: it accepts trade names, company names and civil names as well as trademarks; it does not make the complainant prove that the holder lacks rights; and bad faith in either the registration or the use is enough. This guide is for foreign companies and their advisers deciding how to recover a .com.br or other .br name.
Key takeaways
- The SACI-Adm applies to .br domain names; its current Regulation was approved by NIC.br on 22 August 2022.
- It protects marks filed with or registered at the INPI (Brazil’s IP office), well-known marks and also trade names, company names and civil names.
- Bad faith registration or bad faith use is enough, whereas the UDRP requires both.
- Proceedings run in Portuguese; WIPO’s fee for a single expert and one to five domains is USD 1,000.
- NIC.br waits 15 business days before implementing a transfer, and the courts with jurisdiction are Brazilian.
What is the SACI-Adm and who administers it?
The SACI-Adm (Sistema Administrativo de Conflitos de Internet relativos a nomes de domínio sob “.br”) was created by a 2010 resolution of CGI.br, the Brazilian Internet Steering Committee, and launched in October 2010. It is incorporated into the .br registration agreement, so holders accept it when they register. According to WIPO’s .BR page, it applies to domain names registered after 1 October 2010. NIC.br approved the current Regulation on 22 August 2022, and WIPO’s supplemental rules for .br have applied since 1 October 2022.
Cases are handled by institutions accredited by NIC.br. The NIC.br and CGI.br book 15 anos de SACI-Adm reports that, between October 2010 and December 2024, the dispute chamber of the Brazilian IP Association (ABPI) handled 70.05% of cases, WIPO 28.92% and the Brazil-Canada Chamber of Commerce 1.03%, the last with no new cases since 2018. WIPO is the only international accredited institution, and 80.6% of its .br cases involve foreign complainants.
What must you prove in a .br domain dispute under the SACI-Adm?
Article 7 of the Regulation, as reproduced in the NIC.br and CGI.br book and in WIPO’s rules, requires two things. First, that the domain is identical or similar enough to cause confusion with one of these rights:
- a trademark owned by the complainant and filed with the INPI before the domain was registered, or already registered there;
- a trademark not yet filed or registered in Brazil but well known in its field under article 126 of the Industrial Property Law (Law 9,279/96);
- a title of establishment, company name, civil or family name, well-known pseudonym or nickname, artistic name, or another domain name over which the complainant has priority.
Second, that the domain was registered or is being used in bad faith. The sole paragraph of article 7 gives non-exhaustive examples: registering to sell, rent or transfer the name to the complainant or third parties; to prevent the complainant from using it; to harm the complainant’s business; or using it to attract users by creating likely confusion with the complainant’s sign.
There is no third element on the holder’s rights. As WIPO’s page explains, the complainant need not prove that the holder lacks rights or legitimate interests; the holder may raise its own rights as a defence under article 12, for example a bona fide offering before the dispute or being commonly known by the name.
SACI-Adm vs UDRP: the differences side by side
| Point | SACI-Adm (.br) | UDRP (gTLDs) |
|---|---|---|
| Rights relied on | INPI-filed or registered marks, well-known marks, trade and company names, civil names, pseudonyms, artistic names, prior domains | Trademarks, registered or unregistered |
| Holder’s rights or interests | Not part of the complainant’s case; a defence for the holder | Complainant must make a prima facie case |
| Bad faith | Registration or use | Registration and use |
| Language | Portuguese, unless the parties agree otherwise | Language of the registration agreement, as a rule |
| Response | 20 calendar days | 20 days |
| Decision | 14 calendar days after the expert is appointed | 14 days after the panel is appointed |
| Wait before implementation | 15 business days | 10 business days |
| Courts | Brazilian courts | Registrar’s seat or holder’s address |
| WIPO fee, single expert, 1-5 domains | USD 1,000 | USD 1,500 |
Sources: WIPO .BR rules (paragraphs 2, 7, 12 and 15), WIPO .BR fee schedule, UDRP Policy and WIPO UDRP fees.
How does a SACI-Adm case run before WIPO?
- Filing: an electronic complaint in Portuguese, with the registro.br WHOIS record, the rights relied on and up to 5,000 words on the two elements. Fees must arrive within 10 calendar days or the complaint is deemed withdrawn.
- Status lock: once the complaint is accepted, NIC.br freezes the domain so it cannot be transferred until the case ends. If the holder cancels it, it stays unavailable to anyone but the complainant.
- Compliance and notice: WIPO checks the complaint and notifies the holder within five calendar days of receiving the fees; deficiencies can be corrected within five days.
- Response and expert: the holder has 20 calendar days to respond; a single expert is then appointed within five days, unless a party chooses three.
- Decision and implementation: the expert decides within 14 days and the decision is communicated within five; NIC.br implements it after 15 business days unless a party shows it has gone to court or arbitration.
Decisions are published with the parties’ personal details pseudonymised. A complaint can cover several domains held by the same holder, identified for example by the same Brazilian tax number (CNPJ or CPF).
What results does the SACI-Adm produce?
The NIC.br and CGI.br book counts 781 proceedings between October 2010 and December 2024, 750 of them concluded. Of 681 decisions on the merits and approved settlements, 85.02% ordered transfer, 6.02% cancellation and 8.96% left the domain with its holder. In 64.53% of cases the holder did not respond, and only 2.80% of cases went on to court. Those figures describe past cases; each complaint still turns on its own evidence.
What this means for your business
- File your marks at the INPI early. A Brazilian filing made before the domain was registered is the cleanest basis; relying on well-known status means proving it.
- Use the wider list of rights. A foreign company can also rely on its company or trade name, which helps when the mark is not yet registered in Brazil.
- Plan for Portuguese. The complaint, evidence and any translation must work in the language of the proceeding.
- Choose the institution with care: WIPO suits foreign complainants used to its system; the ABPI chamber handles most domestic cases.
If your portfolio includes .br names alongside gTLDs and other Latin American ccTLDs, our domain name recovery service for .br, .mx, .co and gTLD disputes can coordinate them in one plan.
Where foreign companies get .br disputes wrong
- Filing a UDRP-style complaint. Arguing the three UDRP elements and ignoring article 7 risks a deficient or weaker case.
- Relying on a European registration alone. A mark registered only outside Brazil does not fit the first category; you must show it is well known in Brazil or use another right.
- Underestimating language. Evidence in English or Spanish may need translation into Portuguese if the expert asks for it.
- Forgetting the court step. During the 15 business days, a court action in Brazil freezes the transfer; follow-up needs Brazilian counsel, which we coordinate through our IP enforcement team.
Frequently asked questions
Does the UDRP apply to .com.br domains?
No. Disputes over .br domain names, including .com.br, are resolved under Brazil’s SACI-Adm, which is incorporated into the .br registration agreement. It follows a similar logic to the UDRP but has its own rules: wider protected rights, bad faith in registration or use, proceedings in Portuguese and Brazilian courts as the mutual jurisdiction.
Can I recover a .br domain if my trademark is not registered in Brazil?
Possibly. The SACI-Adm accepts marks not filed in Brazil if they are well known in their field under article 126 of the Industrial Property Law, and it also protects company names, trade names and other distinctive names. The case is stronger with an INPI filing that predates the domain registration.
How much does a SACI-Adm complaint cost at WIPO?
WIPO’s .br schedule sets USD 1,000 for one to five domains decided by a single expert and USD 1,200 for six to ten; a three-member panel costs USD 2,000 or USD 2,300. These are provider fees only. Preparing the complaint, translations and evidence is a separate professional cost.
Can IP Global Guard handle a .br domain dispute for my company?
Yes. We assess your rights under article 7, prepare the complaint in Portuguese with the evidence and manage the case before WIPO or another accredited institution. We coordinate qualified Brazilian correspondents for INPI filings and any court follow-up, so you keep a single point of contact.
How IP Global Guard can help you recover a .br domain
Brazil rewards preparation: the right Brazilian rights, evidence in Portuguese and a plan for the 15-day window. IP Global Guard, the IP services line of META Channel Corporation Limited, handles domain recovery and the trademark filings behind it with one strategy and one billing relationship across more than 25 jurisdictions; see our coverage in Latin America, Europe and Africa.
Send us the .br domain, your trademark and company registrations and a screenshot of how the name is used. We will tell you whether article 7 is met and which institution fits. Talk to our domain team about your .br case.
This article is general information, not legal advice, and does not replace an assessment of your specific case.
Sources
- WIPO, .BR domain name dispute resolution
- WIPO, Rules for the SACI-Adm Regulation (in force from 1 October 2022)
- WIPO, Schedule of fees for .BR
- NIC.br and CGI.br, Resolução de conflitos de nomes de domínio: 15 anos de SACI-Adm (2025; digital edition 2026)
- ICANN, UDRP Policy (updated 21 February 2024)
- WIPO Center, UDRP schedule of fees (valid as of 1 December 2002)
