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Brazil to Join the Madrid Protocol

Source: Grill IP patent news

brazil-madrid-protocolBrazil has just confirmed its intention to join the Madrid Protocol. This treaty permits trademark owners to register their marks in any country that has joined through the filing of a single international application. Last week, WIPO Director General Francis Gurry met with Brazilian Minister of Industry, Foreign Trade and Services, Marcos Periera, where the latter made the announcement.

 While Madrid members welcome the decision, it is expected that the country will not be in a position to join the Protocol prior to 2018. This delay can be attributed to challenges that will need to be negotiated when integrating the Madrid Protocol requirements with local Brazilian PTO practice. These challenges include:

  • Taking action on trademark applications within 18 months. As it currently stands, the Brazilian PTO publishes applications four years after their filing.  
  • Translating PTO documents from Portuguese to English, French, or Spanish, the official languages accepted by the Madrid Protocol.
  • Accepting multiclass applications, which Brazil currently does not permit.

 Brazil is not the first South American state to sign on to the protocol, nor will it be the last. Now, the difficulty in enacting this legislation rests with reconciling these differences between Brazil’s trademark regime and the Madrid system.

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Author: grill-ip

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