Brazilian President Jair Bolsonaro is expected to sign an Act to enable the country to accede to the Madrid Protocol later this week. The country’s Senate passed the bill in a vote on 22 May.

Once the President has signed the Act, the country will be ready to accede to the Protocol.

MARQUES has encouraged countries in Latin America, including Brazil, to join the Madrid System for many years. The Association has twice sent delegations to the region to promote membership.

However, there has also been opposition to membership from local groups, based on lack of proper knowledge of the System. This has resulted in many years of discussions and delays.

Eduardo Machado, of the MARQUES International Trade Mark Law & Practice Team, says that with the latest developments, “the battle is 95% won.”

He added that ABPI, the national IP association, will have a panel on Madrid at its annual meeting in August to explain how the System will work following accession. To this end, ABPI has invited foreign colleagues (including MARQUES members) who have recent experience of joining the system to share their experiences.

In preparation for accession, Eduardo says, the Brazilian IP Office has reduced the time taken to register trade marks where there are no oppositions to 18 months. “This means 85% of applications are now registered within this time,” he says. “I don’t think there will be any problems on that front.”

The International Trade Mark Law & Practice Team is compiling a guide to experiences in countries that have recently acceded to the Protocol. Look out for a report on Class 46 soon.