The National Institute of Industrial Property (INPI) begins operating the Madrid Protocol, an international treaty that simplifies and reduces costs for the registration of trademarks of Brazilian companies in other countries.
Under the Madrid Protocol, the trademark application needs to be evaluated within 18 months. Since the end of 2017, INPI has been preparing to ensure the operational conditions necessary to act under the Protocol. Today the time for trademark application analysis at INPI is already less than eight months.
Created in 1989 and administered by the World Intellectual Property Organization (WIPO), the treaty covers 122 countries, which account for about 80% of international trade. The main advantages of the system are:
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The applicant will only work with one international application, one extension date, one major payment currency, and one language. It should be noted that the examination of the trademark application follows the laws of each country.
The National Institute of Industrial Property (INPI) is changing its regulations on Trademarks which will now contemplate multi-class trademark filings, along with the possibility of dividing trademark ap¬plications in certain instances. Further¬more, co-ownership of trademark registrations will be possible.
However, the practical effects of the Madrid Protocol will only begin on March 9, 2020, which is when The National Institute of Industrial Property (INPI) will actually make the relevant electronic systems available (with resolution No. 244 coming into force), postponing the actual application of the Resolution 247 Madrid Protocol until next year.
The INPI has published four important resolutions. The Madrid protocol is now in force in Brazil, following the international standards that allow for divisional applications, joint ownership and multiclass system.
Resolution 244 (DIVISIONAL APPLICATIONS/REGISTRATIONS)
A divisional application is now possible and must be made electronically (as of March 9, 2020). The division of an application will create a new application, which can also occur for stayed administrative procedures. It is also worth noting that divisions can be made for assignment purposes as long as the respective requirements are fulfilled.
Resolution 245 (JOINT OWNERSHIP)
Joint ownership is also now possible (except for collective trademarks) as long as the applicants are involved in activities related to the products or services, directly or indirectly. Assignments of jointly owned trademarks must have the consent of all owners except if determined otherwise in a legal or arbitral decision.
Resolution 247 (MADRI PROTOCOL)
The trademark applications under the Madri Protocol can be made in English or Spanish language. The foreign enterprise must have a Lawyer or Patent Agent to represent the owner in Brazil, as executed Power of Attorney (POA) must be delivered within 60 days from the filing date.
Resolution 248 (MULTICLASS SYSTEM)
In the multiclass system, the registrability of the trademark will be analyzed separately, per international class, and the trademark will only be fully granted once there is no legal obstacle in any of the classes. The allowance can be partial if the prohibition is given in part or if the specification changes. Furthermore, if there is an appeal against the partial concession, the registration will only be granted after a final decision and proof of the corresponding payments.
Brazil is traditionally a first-to-file country and proprietorship over a trademark originates from a granted registration. Therefore, filing a trademark registration as soon as possible is very important for enforcing your Trademark rights and to guarantee legal protection in Brazil.
Count on us to protect your trademark in Brazil.
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