On July 3, 2019, Brazil sent to World Intellectual Property Organization their accession document to the Madrid protocol governing international trademark registrations.
Three months later, the protocol is now entering into force in Brazil, which will facilitate the filing of trademark applications in Brazil for foreign applicants from other Madrid protocol signatories, as well as enable Brazilian trademark owners to extend their home registrations abroad using a single application.
With the accession of Brazil, the Madrid protocol now includes 121 signatories, including the world’s ten largest economies.
How does the Madrid System work?
In order to use the system, a potential applicant must comply with one of the following requirements:
- Be a national of a Madrid Union member country; or
- Be a resident of a Madrid Union member country; or
- Have a real and effective industrial or commercial industrial establishment in Madrid Union member country.
This will determine the applicant’s country of origin.
The first stage of the process is to file a trademark application or have a trademark registered in the country of origin. This is done through the local trademarks office in compliance with the country’s requirements. Once the local trademark is filed or registered, an application is made to the World Intellectual Property Organization (WIPO) via the local trademarks office to extend the trademark to the designated member countries.
The trademarks office of each designated country will then proceed to examine and accept or refuse the application depending on their local regulations.
For more information, read our full article about the Trademark Madrid System.
Author: Victoire Bauvin Trademark Consultant @ iGERENT