The Madrid Protocol is an international treaty administered by the International Bureau of the World Intellectual Property Organization (WIPO), based in Geneva, in force since April 1996, and which has already been ratified by various countries, amongst these, the United States and the member States of the European Union.
After recent developments it will soon also be available in Brazil.
The Brazilian House of Representatives approved on April 4th, 2019, the proposal for the country to join the Protocol. Meanwhile, on June 25th, 2019, the adhesion bill was also signed by the President of the Republic, Jair Bolsonaro.
The foreseen entry into force will be on October 2nd, 2019.
In the interim, the INPI must pronounce itself with regard to the measures it will adopt for the application of the provisions of the Protocol. The INPI has already published for consultation the topics: (i) trademark registrations in the multi-class system; (ii) trademark registrations under coownership; (iii) trademark divisions and applications to register trademarks; and recently, concerning (iv) trademark registration within the framework of the Protocol.
The INPI has been implementing improvements as to adapt the administration to the Protocol’s requirements, in particular with regard to the processing time frame established for applications. However, and to be able to implement the Protocol, another series of operational modifications are required, measures that include, inter alia, aspects such as changes in the processing systems, the creation and modification of operational procedures, and the publishing of regulations and manuals. The amounts of the official fees to be applied have yet to be published, or whether or not they will be more advantageous for applications that are processed via the Madrid Protocol.
As soon as there are new developments concerning the Protocol we will provide further information on the matter. In the meantime, we are at your disposal for any additional information that you may require.