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The Madrid Protocol


The Madrid Protocol


The Madrid Protocol entered into force in Brazil on October 2, 2019, and with this, the National Institute of Industrial Property (INPI) began to perform new activities and offer new trademark registration options.

The Madrid Protocol is an international treaty that complements the Madrid Agreement and together makes up the International Trademark Registration System. The system is administered by the International Bureau of the World Intellectual Property Organization (WIPO), which takes care of the International Registry and publishes the WIPO Gazette of International Trademarks.


But what is the news introduced by the Madrid Protocol?


The Madrid Protocol allows those business owners, companies or individuals established in Brazil to file with the INPI an application for international trademark registration that will be submitted to the International Secretariat (SI), an entity administered by WIPO. Please note that international orders must be based on a previous order or registration made directly at the INPI.

The international application shall indicate in which Contracting Parties (countries which are signatories to the Protocol of Madrid) the extension of trademark protection to be registered is desired.

Thus, with the innovations introduced by the Madrid Protocol, it is possible, acting directly before the INPI, to obtain the protection of your trademark in several countries by filing a single international application form, in a single language, and with centralized payment. of the due remuneration.

In the past, this centralized action was not possible. Prior to the entry into force of the Madrid Protocol, applicants established in Brazil who wished to obtain protection of their trademark in other countries needed to apply for registration and the consequent payment of the fees due in each country that they wanted protection or initially to register in a country bound by the Madrid Protocol to subsequently apply for international registration. The same was true if you wanted to make a change as a title.


What is an international registry?


An international registry is equivalent to a set of national registries administered by a single secretariat, the International Bureau (SI). Once this registration is granted, trademark protection will be granted in each of the countries indicated in the application. In this step, it is the same way used to grant the trademark object of a registration application made directly to the entities responsible for administering the Trademarks in each of these countries (the Brazilian equivalent to INPI in each of these countries). As this is a set of registrations in countries indicated by the applicant, the international application is subject to payment of consideration to INPI and another to SI. The fee to the International Bureau is made up of a base rate, a variable rate depending on the country chosen (additional fee or individual fee depending on the country) and an additional fee for each class of goods and services listed in the above application. of 3 (three). Note that all these fees are charged in Swiss Francs, but are collected in Brazil before the INPI. Please note that the national entity of the country applying for trademark protection on the international registration form will examine the international application in the same way as it would examine its national applications. For these reasons, it is still possible that objections or oppositions may occur during its analysis, which may lead to the issuance of a Provisional Refusal by the authority of that country. Provisional refusals are entered in the International Register and published in the Gazette and a copy is sent to the holder of the international registration. It should be noted that procedures following a refusal, such as a review, appeal or opposition, will be dealt with directly between the holder of the international registration and the administration that issued the refusal - without any involvement of the International Bureau. After the refusal has been remedied or not, that entity shall inform SI of what has been decided for subsequent registration with the International Registry. For these reasons, it is very important to make the registration request with due attention, caution, and advice, to avoid any additional expenses with delays in the case of Provisional Refusal.


More information about values


For more information regarding the amounts charged by the International Bureau, please refer to the WIPO Remuneration Table at the following link:

https://www.wipo.int/madrid/en/fees/sched.html.


It is also possible to calculate the fees due to WIPO according to the countries where trademark protection is required at the link:

https://www.wipo.int/madrid/en/fees/calculator.jsp.

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