Brazil is the latest country to join the Madrid Protocol – its accession came into force on 2 October 2019.
This is good news for businesses that operate in the Americas, making it possible to more easily obtain trade mark registration in this region by way of the international system for trade mark registration known as the Madrid Protocol. This international system allows for trade mark registration across multiple jurisdictions with a single application, making it a cost-effective method for trade mark owners seeking to protect their brand globally.
Brazil is now the 105th member state of the Madrid Protocol which commenced operation in 1996. Australia joined in 2001 and earlier this year Canada also became a member. The option to designate such a large number of countries in a single application makes the Madrid Protocol an increasingly popular option for businesses trading worldwide. If you already have a Madrid Protocol application in place, it is also possible to add additional countries, such as Brazil and Canada, to your existing application.
Brazil’s accession to the Madrid Protocol has been a long time coming and with much opposition. The Brazilian Intellectual Property Association released a document in 2002 and again in 2018 citing a list of obstacles to joining the Madrid Protocol (and without including any of the benefits). However, the National Institute of Industrial Property has worked hard over the course of this year to improve its processes have enabled it to come into line with the requirements of the Madrid Protocol which was one of the major obstacles preventing its acceptance.
If you trade in Brazil, or intend to in the future, our team of trade mark attorneys and lawyers can advise you on your options for protecting your trade mark in Brazil, whether this is through the Madrid Protocol or otherwise. To contact a member of our team, call 1300 851 138 or email trademarks@actuateip.com.au.
