Next 2th October 2019 will consolidate the Brazil entry at the Madrid system for the international registration of trademarks.
With Brazil, the countries of the American continent that are part of the Madrid System will be 6. Currently, Cuba, Colombia, Mexico, and the United States are already members, and on June 17, 2019, Canada joined by signing the Protocol. All this, without prejudice to some Caribbean jurisdictions that have already been members for years, such as Antigua & Barbuda and the former Netherlands Antilles (Curaçao, Saint Martin and the Bes Islands made up of Bonaire, Saint Eustatius and Saba).
With the accession of Brazil, What will he do member 121 of the Madrid System, the possibility will be given to trademark rights holders to opt for an alternative means of protection before the WIPO, through a single multiclass request, the payment of a single rate, The flexibility to incorporate protection countries in the future, or a only renewal process in protected countries, among other advantages offered by the international trademark system.
It is presumed that the official language of the INPI is Portuguese and therefore, the language factor will be an element to consider when defining strategies. Although INPI has worked hard over the years to streamline processes, there is no doubt that one of the great challenges that the Brazilian government faces is the compliance with deadlines established by the Madrid System, for example the deadline for examining the application and opposition deadlines.
Authors: Cristina Arroyo y Juan M. Sáinz de Marles
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