By Vivien Racy. Lawyer and Client Relationship Manager.

Answers to Brazil and Madrid Protocol

As soon as Brazil announced its intentions of joining the Madrid Protocol many questions arise.  What would be the implication for Trademarks applicants and representatives?

¿Local representative?

One question and maybe the most important at this moment and which it is not yet definitely solved, concerns the obligation of a local representative. Meaning a local registered lawyer, for the application. Despite the contradiction between the regulation of the Protocol to which Brazil is joining and the Brazilian Intellectual Property Law, this one added to the lobby of the Brazilian Bar Association and Intellectual Property Professionals, the matter is still to be decided.
Facing this impasse, it becomes vital to expedite and precise the Trademarks search before the application. Currently, the search through the system of the World Intellectual Property Organization (WIPO) is not accurate with respect to the Brazilian database. An effective and detailed search can only be carried out by qualified professionals in Brazil with complete access to the national database and information.
Once an exact search has been conducted it will be possible to guarantee the success of a new Trademark registration. Thus avoiding a costly and time-consuming subsequent procedure of oppositions.
To know more about Trademark Searches in Brazil regarding the Madrid Protocol please contact us.