Brazil: How has the Madrid Protocol been implemented and what next?

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Brazil: How has the Madrid Protocol been implemented and what next?

Sponsored by

daniel-400px.png
握手をするビジネスウーマンとビジネスマン、締結、成約、契約

On October 2 2019, Brazil joined the Madrid protocol. The success of this can be proven by numbers.

Until March 5 2020, 3,126 marks were designated to Brazil. The United States, the European market, China, Great Britain and Germany were the top filer countries. Thus far, most applications have come from well-established companies with worldwide reach, such as GSK, BMW, Syngenta Group, Apple, Luis Vuitton, Roche and others.

These numbers are expected to rise when the Protocol is fully implemented but, unfortunately, there are still important procedures pending including the multiclass system, co-ownership and division of applications/registrations. These procedures were scheduled to come into effect on March 9 2020 but were postponed indefinitely by the BPTO.

Another important point is the publication of international designations in the BPTO Official Bulletin.

In accordance with Brazilian law, all designations need to be locally published opening a 60 day term for the filing of oppositions, which are also published, opening another 60 days term for the filing of counterarguments. Up until now no publication has yet taken place which means that (1) applications filed within the protocol are likely to take much longer to be analysed than locally filed applications and (2) it is too early to anticipate the problems that these applications will encounter and how they will be analysed by the BPTO.

Furthermore, there is a catch concerning oppositions as they will only be published locally and will not be displayed on the WIPO portal which means that it is wise to have a local agent monitoring Brazilian designations.

Hiccups aside, once these problems are solved the Protocol will undoubtedly be an important tool to be used by companies to protect their trademark rights in Brazil.

more from across site and SHARED ros bottom lb

More from across our site

Europe’s largest intellectual property convention and trade fair is back: IP Service World 2026 takes place in Munich from November 23–25 – the 16th edition, with 1,400-plus attendees from 55-plus nations, 100-plus speakers, and 100-plus exhibitors. Three days. Two focused areas. One IP marketplace.
Mehmet Gün and Uğur Aktekin discuss four decades of change in Türkiye’s legal market, the firm’s commitment to independence and the challenge of building an institution that can outlast its founders
Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Jason Raeburn’s arrival will expand the firm’s London footprint in AI, copyright and tech disputes
The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, Eltemate
A dispute Down Under shows why trademark lawyers cannot afford to wait on the sidelines when a rival brand gathers momentum
Gift this article