Madrid Protocol in Brazil: Multi-Country Trademark Filing
Brazil joined the Madrid Protocol on October 2, 2019. Before that date, registering a brand in multiple countries required filing separate national applications in each jurisdiction — a costly, administratively heavy process. The Protocol changed the calculus for foreign founders expanding into Brazil and Brazilian companies going global.
This guide explains how the system works, what it means for your brand strategy, and where Brazil fits in.
How the Madrid Protocol Works
The Madrid Protocol is administered by WIPO (World Intellectual Property Organization) and allows a trademark owner to file a single international application covering multiple member countries — currently over 130 — through one central procedure.
The process starts with a base application or registration in your home country. From there, you file an international application through your national IP office (INPI, in Brazil's case), designating the countries where you want protection. WIPO then notifies each designated country's IP office, which has 12 to 18 months to refuse or accept the application under its own national law.
Each designated country examines the mark under its own rules. Acceptance in one country does not guarantee acceptance in others. But the filing logistics — fees, deadlines, language — are centralized.
What This Means for Foreign Companies Entering Brazil
If your company is already registered in the U.S., EU, UK, or another Madrid member, you can designate Brazil in your international application to extend protection here. INPI will examine the designation under Brazilian law, including the LPI (Lei 9.279/1996).
Two points that catch foreign founders off guard:
First: Brazil uses the attributive system. Unlike the U.S. (use-based), trademark rights in Brazil arise from registration, not use. First to file wins, regardless of who used the mark first. This creates real urgency: if you operate in Brazil without a filed application, a third party can register your brand before you do.
Second: A resident agent is required. Foreign applicants must appoint a Brazilian-based trademark agent to represent them before INPI. This is not optional; without a local agent, INPI will not process the application.
The 5-Year Dependency Rule
The international registration depends on the base application or registration for the first five years. If the base registration is invalidated or cancelled during that period — for any reason — the international registration falls too, in all designated countries. This is called "central attack."
After five years, the international registration becomes independent of the base. From a risk management perspective, this means that during the first five years, you should monitor the status of your home registration carefully and avoid letting it lapse.
Brazil's Nice Classification System
Both national INPI filings and Madrid Protocol designations use the international Nice Classification, periodically updated by WIPO. Brazil applies Nice classes strictly. A registration in Class 25 (clothing) does not protect you in Class 35 (retail services related to clothing) — those are separate filings.
For creators and digital brands, the most relevant classes tend to include: Class 9 (downloadable content, apps, software), Class 35 (marketing, advertising, business services), Class 41 (education, entertainment, courses), and Class 42 (technology services). Filing in the wrong class or missing a relevant class is a common and costly mistake.
Fees and Timeline
Madrid Protocol fees have two components: WIPO's international fees (paid in Swiss francs, varying by country designated and class count) and individual fees for countries that require separate payment upon designation. Brazil currently charges individual fees for Madrid designations.
Timeline from INPI's side: after WIPO notification, INPI has 18 months to issue any provisional refusal. If no refusal is issued within that window, the designation is considered accepted. In practice, INPI examination timelines for direct national filings have historically run long; Madrid designations follow a similar rhythm.
When to Use Madrid vs. Direct National Filing
Madrid Protocol is efficient when you are filing in three or more countries simultaneously, or when your brand portfolio is active in multiple markets and you want centralized management. It also simplifies renewals: one renewal at WIPO covers all designated countries.
Direct national filing (filing at INPI without using Madrid) can make sense when Brazil is your only target market, when you need faster local prosecution control, or when your home country is not a Madrid member. Some trademark attorneys prefer direct filing in Brazil for specific strategic reasons — particularly when the brand has characteristics that require careful handling in the Brazilian examination process.
Neither path is universally superior. The right choice depends on your existing registrations, target markets, budget, and timeline.
Practical Steps for Foreign Founders
If you are a foreign company wanting trademark protection in Brazil:
- Confirm your home registration or application is in good standing — this is your base for Madrid.
- Identify the Nice classes relevant to your business in Brazil.
- Appoint a Brazilian resident trademark agent (required for INPI filings).
- File the international application through your home IP office, designating Brazil.
- Monitor INPI examination and respond to any office actions within deadlines.
If you are already operating in Brazil without a filed application, prioritize a direct national INPI filing immediately, regardless of whether you also pursue Madrid. The attributive system means delay is risk.
Key Takeaway
Brazil's October 2019 accession to the Madrid Protocol made multi-country trademark strategy significantly more accessible. The system is powerful, but it requires understanding Brazilian-specific rules — the attributive principle, the resident agent requirement, individual fees, and the 18-month examination window. For foreign founders, the most common mistake is treating Brazil as a country where trademark rights follow use. They do not. Registration comes first.
FAQ
Yes. Brazil acceded to the Madrid Protocol on October 2, 2019. Since then, Brazil-based holders and Brazilian companies have been able to use the system to file trademarks in multiple member jurisdictions through a centralized international application via INPI and administered by WIPO (World Intellectual Property Organization).
No. The Protocol requires a base mark — filed or registered in the country of origin. For Brazilian holders or those domiciled in Brazil, the base mark is a Brazilian INPI mark. The international application is tied to the base mark for the first five years: if the base mark is canceled, refused, or abandoned during that period, the international registration may be canceled as well (central attack).
Operational efficiency: one application covers multiple jurisdictions, in a single filing language (English, French, or Spanish), with a single centralized payment in Swiss francs; renewals and modifications can be managed centrally; it is possible to extend coverage to new member countries later. For portfolios with international presence, it reduces administrative friction and total cost compared to direct filings in each country.
When the target jurisdiction is not a member; when the base mark is fragile or at opposition risk — central attack can affect the international registration; when the strategy requires coverage in jurisdictions with specific local rules that justify direct filing; or when the operation in the target is complex enough that a local agent is preferable from the start.
Not in all cases. Substantive examination is conducted by each designated national office. Where objections, requirements, or oppositions arise, a local agent is needed to respond within the office's timeline. Madrid reduces administrative friction but does not eliminate the need for local legal advice at critical points. Madrid plus local agent is the standard recommendation for portfolios in active internationalization.
