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ARTICLE · 19 JANUARY 2021

Co-Ownership Of Trademarks Now Available

Fross Zelnick Lehrman & Zissu, P.C.
Fross Zelnick Lehrman & Zissu, P.C.
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Fross Zelnick Lehrman & Zissu, P.C.

Fross Zelnick Lehrman & Zissu, P.C.

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Trademarks filed before the Resolution with a single owner can be amended to co-ownership by way of an assignment.

BrazilIntellectual Property
Maritza Schaeffer
Maritza Schaeffer
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One of several important changes resulting from Brazil's accession to the Madrid Protocol is the availability of co-ownership of trademarks under a new regime that came into force on September 15, 2020, under Resolution 245/2019 (the "Resolution") passed by the Brazilian Patent and Trademark Office ("BPTO"). 

Co-ownership of trademarks is now available for national Brazilian applications as well as those filed pursuant to the Madrid Protocol, and the option applies to both new trademark filings as well as trademarks that were filed or registered before the implementation of the Resolution.

There are several relevant factors to keep in mind when practicing under the new regime, including:

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