Since October 2, 2019, Brazil is member of the Madrid Protocol. However, only new international registrations can designate Brazil. A territorial extension of already existing IR marks pre-dating October 2, 2019 is not possible. This security measure was also made by other new IR member countries in the past, namely Estonia (1998), Turkey (1999), Namibia (2004), Philippines (2013) and India (2013). These countries want to avoid that too many applications are filed at the same time in order to get acquainted to the IR mark system slowly.

Practical Impact

Since only new IR marks can designate Brazil and IR mark owners do not want to have too many parallel international registrations, the practical effect of Brazil’s accession to the IR trademark system may not be very strong in the new future. Experienced trademark lawyers may not forget to inform clients of this restriction if they are requested to file for a territorial extension for an existing IR mark.