On October 2, 2019, the Madrid Protocol came into force in Brazil. The agreement allows signatory countries to cooperate with regard to international trademark registration applications. Through an international certification carried out through the INPI – National Institute of Industrial Property, it is possible to send the basic application or basic registration to the International Bureau of WIPO (World Intellectual Property Organization). WIPO will then act as an intermediary with the Industrial Property Offices of each country, facilitating management and, in some cases, reducing costs for the user.
At the time of certification through the INPI, the user must specify the countries of interest. From then on, the application will be examined by each of the designated countries in accordance with their own legislation. There is also the possibility of adding new countries at any time. Thus, if the user understands that protection will be necessary in another country(ies), it is possible to request designations at a later date.
The choice of international protection through the Madrid Protocol must be considered according to the interests of each client. There are advantages and disadvantages, depending, for example, on the number of countries and classes chosen, in addition to other aspects.