MADRID PROTOCOL: benefits from Brazil’s accession to the Protocol
As from today, there is another opportunity to accelerate innovation in Brazil. This is because the Madrid Protocol enters into force, a system that allows a trademark owner to apply for the protection of the trademark at the same time in more than 120 countries member of the Protocol.
Such application, in addition of being made by means of a single process and concentrating payment in a single currency, will also be made in a single language and will contain a single extension date. It is a system that will greatly facilitate trademark protection processing for owners who include in their strategies the protection of these assets in many countries of the world.
In addition to the procedural facilities brought about by the Protocol, it is also worth mentioning the implementations resulting from the adhesion to the new system, in order to harmonize procedures for registration of national trademarks and designations received by means of the Madrid Protocol.
One of them was the reduction of time for the examination of the trademark applications. This reduction has positively impacted the examination of the trademarks required by the traditional ways, since, as we noted, the decisions are being issued by the Brazilian Patent and Trademark Office – Instituto Nacional da Propriedade Industrial (“INPI”) – in less than 12 months. Also, it is worth pointing out the possibility of requiring protection for services and/or goods in more than one class; and the possibility of a trademark being protected in the name of more than one owner.
Please find below the corresponding Resolutions:
- Resolution No. 245/2019, of 08/27/2019 – Deals with the regime of joint ownership of trademarks.
- Resolution No. 248/2019, 09/09/2019 – Deals with trademark registration in a multiclass system.
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