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BRAZIL CLAIMS EXTRA FEES FOR TM REGISTRATION VIA WIPO

BRAZIL CLAIMS EXTRA FEES FOR TM REGISTRATION VIA WIPO

As recently reported Brazil has joined the Madrid Agreement concerning the International Registration of Marks and its Protocol. The declaration of accession was signed by President Jair Bolsonaro of Brazil at the end of June 2019 and deposited with the World Intellectual Property Organization (WIPO) on July 2, 2019. The Madrid Protocol will enter into force for Brazil three months later, on 2 October 2019.

Today, August 19, Brazil has notified WIPO that the individual fee in respect of a designation of Brazil is to be paid in two parts (Rule 34(3)(a) of the Common Regulations).  Those amounts will be:

  • 105 Swiss francs (first part) and 188 Swiss francs (second part) for each class of goods or services, when designating Brazil in an international application or subsequently; 
  • 269 Swiss francs for each class of goods or services, when renewing an international registration in which Brazil has been designated; 
  • 406 Swiss francs where the payment is received within the period of grace. 

This declaration shall have effect on October 2, 2019. BPTO, on the other hand, has not published the official fees for an international registration based on a Brazilian application or registration yet.   

The Madrid Agreement facilitates the international registration of trademarks in the member states. According to the agreement, national trademarks of a member state can be registered as internationally registered trademarks upon request and thus also be protected in the other member states.

By joining the Madrid Protocol, Brazil expects its companies to drastically reduce the costs and effort involved in registering Brazilian trademarks abroad. Conversely, the registration of foreign trademarks in Brazil will also be significantly facilitated.

Brazil is the last of the ten largest economies in the world to join the Madrid system of international trademark registration. With Brazil’s accession, the system now comprises 121 countries.

Further information (in Portuguese language) can be found here:

http://www.inpi.gov.br/menu-servicos/marcas/protocolo-de-madri-vigencia-razoes-como-dar-entrada-no-pedido-e-preparo-do-inpi

We wish to thank our Brazilian colleagues of Dannemann Siemsen (www.dannemannsiemsen.com.br) for this useful information.

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