Finally entered into force on Wednesday, October 2nd, 2019, the Madrid Protocol, which as discussed earlier, comes to facilitate trademark registrations in Brazil and currently encompasses more than 120 countries.
According to the Brazilian Patent and Trademark Office (BPTO), approximately 15% of the Brazilian applications are filed by foreign companies, which can now do a more simplified procedure.
"We have made a number of adjustments in the BPTO to adhere to the treaty. The average processing time for trademark applications has gone from two and a half years for trouble-free applications to six to eight months, for example”, said Mr. André Balloussier, the BPTO’s Trademark Director.
For requests with oppositions, the average time will be reduced from 5 and a half years (in 2017 and 2018) to only 8 months.
Regarding the cases in which Brazil is designated, the expectation is that in the first year of the treaty, the BPTO will receive about 60,000 requests.
With all these changes, it is important to mention that the BPTO published on October 2nd, 2019, a new table with an update of the official fees for their services. This update includes new services of the Institute, including those related to the Madrid Protocol.
Within the next weeks, the BPTO will also publish in the Official Gazette a new resolution that will regulate the criteria for granting discounts on the value of services offered. One of the most discussed items regarding the new rates for trademark services is the exclusion of the discounts granted to microenterprises, individuals, microentrepreneurs and small businesses, as defined by law, educational and research institutions, as well as public agencies.
In addition to the above, the services shall now be requested exclusively electronically, except those related to the international phase of the Patent Cooperation Treaty (PCT). For these services, the requests will only be possible, by mail, addressed to BPTO's headquarters in Rio de Janeiro.