Intellectual Property

The Brazilian Patent and Trademark Office (BPTO) submitted a project regarding the adequacy of its structure aiming at Brazil’s possible accession to the Madrid Protocol, in line with the Presidency’s letter to the National Congress from past June.

The Madrid Protocol is an international treaty managed by the World Intellectual Property Organization (WIPO), a specialized agency of the United Nations, currently with 116 members, which does not comprise Brazil yet. The rules’ main objective is to streamline the trademark registration system, decreasing the costs and backlogs in the signatory countries. According to the Protocol, the trademark registration in a specific member state is the basis for the application of a trademark registration in other member states.

The BPTO’s Project, submitted on October 24, sets forth that the timeframe for the analysis of a trademark application which has not been subject to third-party’s opposition, from filing date through granting decision, decreases from 25 to 18 months, one of the treaty’s requirements. Additionally, if Brazil’s adhesion to the treaty is confirmed, according to Luiz Otávio Pimentel, president of the BPTO, adjustment of the BPTO’s information technology structure will also be required, as well as hiring new examiners and technicians.

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