On October 2, Decree No. 10.033/19 was published, entering into force in Brazil the Protocol on the Madrid Agreement for the international registration of trademarks, signed in Madrid, Spain, on June 27, 1989.
With the Protocol now in effect in the country, Brazilian titleholders who wish to register their trademarks in any of the other 120 countries that are part of the Agreement may do so directly with the Brazilian Trademark and Patent Office (“BPTO”), filing a single international application and paying only one fee.
The BPTO will also receive trademark applications from foreign and Brazilian companies that enter the Protocol and choose Brazil as their designated country.
The BPTO, as designated office, will have up to eighteen months to make a first analysis of the application, under penalty of automatic allowance. This first review can result in an office action or abeyance (which interrupts the 18-month review period) or a final decision (allowance or rejection of the application).
The Protocol is an advantage for trademark owners as it not only simplifies the registration process in several countries but also significantly reduces the costs of filing and maintaining trademarks in such countries.
Our Intellectual Property and Innovation team is available to provide further information and clarification on this matter.