Brazil closer to International Trademark System

By Franco de Barba
Head of Trademark Department

MERX IP
fdebarba@merx-ip.com 

The Madrid Protocol and the Madrid Agreement, are international treaties providing a cost-effective solution for registering trademarks. The Madrid Union is made up of Contracting Parties to the Madrid Agreement and the Madrid Protocol.

This system currently has 104 members, covering 120 countries. Colombia was the first South American country to join in 2012, followed suit by Mexico in the same year.

Brazil has for many years sought to join the Madrid Protocol, although internal opposition of different groups has resulted in many years of discussions and delays.

On the other hand, the huge backlog for Brazilian trademark applications maturing into registration, had a negative impact in a potential accession to the International trademark system.

With this purpose in mind, in preparation for accession, the Brazilian IP Office has reduced the time taken to register trade marks.

The country’s Senate passed the bill in a vote on 22 May. It is expected Brazilian President Jair Bolsonaro to sign an Act to enable the country to accede to the Madrid Protocol soon.

Once the President has signed the Act, the country will be ready to accede to the Protocol.

In the current economic context, the accession of Brazil to the Madrid Protocol will offer the possibility of providing easy, low-cost protection for marks. A welcome advantage for companies and individuals that will favor exports and encourage business opportunities in Brazil.