NEW BPTO’S RESOLUTIONS PUBLISHED ON THE MADRID PROTOCOL

In order to comply with the Madrid Protocol, which will be effective as of October 2, 2019 in Brazil, the Brazilian Patent and Trademark Office (BPTO) published in the Electronic Official Bulletin No. 2539, of September 3, 2019, two resolutions that deal with the following points: (i) co-ownership trademark registration; and (ii) division of trademark applications and registrations.
The co-ownership trademark registration regime allows the recordal of more than one owner or applicant per registration or trademark application. According to the BPTO’s new resolution on this matter, the electronic filing of trademark applications under the co-ownership regime will be made available via the Office’s online system on March 9, 2020.
In turn, the division of trademark applications and registrations will permit the break-up of the same distinctive sign when, for instance, the registration of the trademark is not possible in some of the classes of products and services claimed. The division mechanism will be available on October 2, 2019.
Aiming at completing the implementation of the Madrid Protocol in Brazil, it is still expected the publication of two other resolutions dealing with (i) multiclass trademark registration; and (ii) trademark registration under the Madrid Protocol system, with relevant updates to the BPTO’s Trademark Examination Guidelines.
We are available to provide any additional information or clarification on the above.