Since 2019, Brazil has been a part of the Madrid Protocol. According to data published by the Brazilian Trademark Office on April 27, 2023, Brazil has received 35,424 designations through the system.
The number of applications from foreign applicants has undoubtedly increased due to the adoption of the Madrid system. Many of these applicants choose to file their trademarks without the advice of a Brazilian attorney in order to avoid costs. However, it is important to be aware of certain peculiarities of the Brazilian system to prevent any surprises during the application process.
Firstly, Article 217 of Brazilian IP Law states that a person residing abroad must appoint a qualified attorney permanently based in Brazil. Therefore, even in Madrid Protocol designations, it is recommended to engage a local attorney. Although this requirement is not explicitly highlighted during the application process before WIPO, the law itself has not been revoked since Brazil joined the Madrid system. Failure to appoint a local attorney could potentially be used by third parties to invalidate a Brazilian designation, as it would be argued that the law was not followed by the foreign applicant.
Another important consideration is the opposition system in Brazil, which differs from that of other countries. In Brazil, a trademark is published for opposition as soon as it is filed, and third parties have 60 days to file an opposition. The trademark owner then has 60 days to respond to any opposition. The publication of oppositions occurs in the BPTO gazette, and the owner does not receive a notification from WIPO if the trademark is opposed. Therefore, it is recommended to have a local attorney closely monitor the progress of the trademark application.
If you require further information about trademark applications in Brazil, please do not hesitate to contact Peduti Advogados.
Se você quiser saber mais sobre este tópico, sinta-se à vontade para entrar em contato com o autor ou o sócio-gerente, Dr. Cesar Peduti Filho.
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Advogados autores do comentário: Laila Reis Araujo e Cesar Peduti Filho, Peduti Advogados
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Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.
If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.
