On September 9, 2019, the Brazilian PTO published in Official Gazette No. 2540 two new important resolutions: Resolution No. 247/2019 which implements the trademark registration process via the Madrid System, and Resolution No. 248/2019 which regulates the multi-class trademark system. Both resolutions will come into force on October 2, 2019.

Resolution No. 247/2019 establishes the prosecution process via the Madrid System for cases based on a Brazilian trademark registration or application. Said resolution includes provisions concerning the decisions that may be issued by the Brazilian PTO at different stages of the registration procedure, deadlines for responding to office actions and for presenting appeals, as well as information regarding the international application that will be exchanged between the Brazilian PTO and the World Intellectual Property Organization – WIPO.

In turn, Resolution No. 248/2019 establishes the possible filing of a single trademark application covering goods and/or services in multiple classes, in accordance with the international division of classes established in the Nice Classification. Before the multiclass system, applicants in Brazil had to file individual trademark applications in order to protect the same mark for goods/services inserted in more than one international class. Resolution No. 248/2019 also regulates the available measures in case the application is partially rejected.

The resolutions can be downloaded here:

• Comunicados2540 – Dispõe Sobre o Registro de Marca em Sistema Multiclasse
• Comunicados2540 – Dispõe Sobre o Registro de Marca no âmbito do Protocolo de Madri

 

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