On 30 May 2019, Legislative Decree 49/2019 was published by the Brazilian Senate. The Decree provides for Brazil to accede to the International Trademark System (commonly known as the “Madrid System”).
Brazil has already deposited the accession document with the World Intellectual Property Organization (“WIPO”). The Madrid System is scheduled to come into force at the international level on 2 October 2019.
For the purposes of internal Brazilian law, however, the Protocol still depends on the signature of President Bolsonaro to come into full force and effect. I will update this article as soon as the Presidential Decree is published.
The Madrid System significantly improves the registration process for foreign businesses, as with a single application (and fee) trademark registration can sought in all 121 member countries. Registration costs in Brazil will also become much cheaper, as there will be no need to retain lawyers or trademark agents in the country to file for registration.
The Brazilian National Institute of Industrial Property has announced that it continues to take steps to implement measures to reduce bureaucracy, cost and time for trademark and patent registration processes.
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Last modified: July 31, 2019