INTERNATIONAL TRADEMARKS REGISTRATION BRAZIL’S ACCESSION TO THE MADRID SYSTEM APPROVED BY THE PARLIAMENT
June of 2019
The Brazilian Parliament has just approved the Country’s accession to the Madrid System concerning the International Registration of Marks governed by the Madrid Protocol and the Common Regulations under the Madrid Agreement.
It is worth mentioning that Brazilian Law provides for important declarations and notifications, such as:
(a) The applicable time limit for the Instituto Nacional da Propriedade Industrial – INPI (the Brazilian PTO) to make a decision will be 18 months. In case oppositions are filed in Brazil, there will be no deadline for the INPI’s final decision on the application to be made.
(b) International registrations granted under the Madrid Protocol before the accession shall not be extended to Brazil.
(c) The INPI will be entitled to reconsider any temporary rejection that has been notified to WIPO, irrespective of the applicant’s initiative, and any decision taken in this review may be subject to a future review by or appeal before the INPI.
(d) Registration of trademark license agreements at WIPO will not have legal effects in Brazil.
The INPI is seeking to harmonize its procedures with the Madrid Protocol, in order to adjust to the new scenario, in what concerns, for example, multi-class trademark applications and co-ownership of trademarks (currently not admitted in Brazil).
Brazil’s accession to the Madrid Protocol will lead to adjustments in the Brazilian Industrial Property Act.