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ARTICLE · 06 JULY 2020

Brazil Enters Madrid Protocol, The International Trademark System

Salusse Marangoni Parente Jabur
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Brazil has approved the Madrid Protocol and the Common Regulations under the Madrid Agreement concerning the International Registration of trademarks and the Protocol Relating to that Agreement.

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Salusse Marangoni Advogados
Salusse Marangoni Advogados

Brazil has approved the Madrid Protocol and the Common Regulations under the Madrid Agreement concerning the International Registration of trademarks and the Protocol Relating to that Agreement.

The system is expected to be effective in Brazil as of October 2nd, 2019, once the three-month period after the deposit of the accession instrument with WIPO has elapsed. Within the same period, the Brazilian Congress must make the internal promulgation of the Protocol, a formal requirement set forth by the Brazilian law in order to an international agreement be effective in Brazil.

Brazil has made 8 declarations concerning the operation of the Protocol, depicted below:

  1. The time limit for the Brazilian Trademarks Office to notify a refusal of protection shall be 18 months instead of one year (Article 5(2)(b) of the Protocol).

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