Decree No. 10,033/2019, which promulgates Brazil's adherence to the Madrid Agreement, regarding the international trademarks registration by the Brazilian National Industrial Property Institute (INPI), was published on the Brazilian Official Journal on Wednesday, October 2nd, 2019.

From the enactment of this Decree, individuals or companies do not need to register their trademark in each of the countries in which they have domicile, nationality or industrial/commercial establishment, reducing the bureaucracy in the application process and reducing expenses with local and differentiated registrations. On the other hand, INPI warns that the new procedure will require that Brazilian legislation must be adapted. In addition, any appeals against registration refusal must be filed in each country.

Trademark registration may be applied for directly to INPI, in order to be valid in any of the 120 signatory countries of the Madrid Agreement, for which the applicant expresses interest, in English or Spanish. The registration process and its payment will be unique in respect to procedure, language and currency.

After the application protocol, it will be reviewed by INPI and, once the requirements are met, it will be sent to the World Intellectual Property Organization (WIPO), which will carry out further analysis and formal examinations, proceeding with the trademark registration if it is appropriate.

Subsequently, the application will also be reviewed by the signatory countries in which there is an interest in trademarks registration, according to their legislation. Then, these countries will inform WIPO, which will update the applicant company, and make available on its website the status of applications.

Therefore, Decree No. 10,033/2019 aims to reduce bureaucracy and facilitate international trademarks registration, reducing costs and time, remaining now that the news provided for in that Decree be regulated and adapted by the INPI and Brazilian law.

SAEKI ADVOGADOS is at your disposal for any clarifications regarding the effective application of Decree No. 10,033/2019.