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Brazil Accedes to the Madrid Protocol

by Ana Lúcia de Sousa Borda, Rafaela Borges Walter Carneiro, Alvaro Loureiro Oliveira, Rafael Atab

July 04, 2019

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Brazil has finally acceded to the Madrid Protocol (Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks). The instrument of accession, signed by the President of the Republic, was filed with the World Intellectual Property Organization (WIPO) on Tuesday, 2 July.

As a result, the Protocol will enter into force in the country on 2 October, 2019. The resolutions of the Brazilian Patent and Trademark Office (BPTO) – INPI – regulating trademark registration under the Madrid Protocol, as well as the adoption of the multiclass system and the co-ownership scheme follow under public consultation. It is expected that the new rules will be available by the end of August.

The Madrid Protocol for the international registration of marks is a treaty administered by WIPO that has been in force since 1996, ratified by more than 100 members and is valid in 120 territories including the USA, Canada, Japan, Australia, China, Russia and also the entire European Union. In Latin America the main member countries are Cuba, Colombia and Mexico.

In accordance with the rules laid down by the Protocol, the term for examination of an application for registration of a trademark must be 18 months from its filing date. Currently, the average time for the BPTO – INPI – to examine trademark applications is less than ten months, which places the Office in line with the requirements of this international agreement.

The system aims to bring some significant advantages to the internationalisation of companies, such as the reduction of overseas filing costs and the centralised management of trademark portfolios in all the countries in which they are registered. Applicants for trademark registrations will start to work with only one international registration, one extension date, one currency for the main payments and in one language, although the examination of the availability of the marks in each country will continue to follow the corresponding national laws.

We remain at your disposal for any clarification.

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Ana Lúcia de Sousa Borda

Partner, Lawyer, Industrial Property Agent

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Rafaela Borges Walter Carneiro

Advogada, Agente da Propriedade Industrial

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Alvaro Loureiro Oliveira

Advogado, Agente da Propriedade Industrial

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Rafael Atab

Partner, Lawyer, Industrial Property Agent

Partner, Lawyer, Industrial Property Agent

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