INTELLECTUAL PROPERTY

INTERNATIONAL SERVICES

MADRID SYSTEM

The Madrid System is a cost-effective and accelerated solution created by the Madrid Protocol of 1989 that aims to facilitate the registration of trademarks internationally.

Since 2019, Brazil is one the few South-American States that has become a Contracting Party of the Madrid Protocol:

As a result and as never before, hundreds of foreign companies have extended their trademark registrations/applications to Brazil during the last few years.

Although the main goal of the Madrid Protocol is to allow applicants to seek trademark protection in other States using a single application and procedure without a local legal representative, international applications may receive oppositions and office actions and even be preliminarily refused during the National Phase.

In this case, ICAMP is a qualified law firm with more than 36 years of experience with trademark registration and success at responding to office actions and appealing against preliminary refusals.

Should you need any assistance in Brazil with trademark application, amendments, assignments, change of name or address or even to respond to any opposition or office action or to file an appeal, please do not hesitate to contact us.

PCT – Patent Cooperation Treaty

Brazil has been a Contracting Party of the Patent Cooperation Treaty (PCT) since 1978.

The aim of the PCT is to assist applicants to protect their patent rights in foreign countries by filing a single international application. By attending a unique procedure, applicants have a simplified way to seek protection of their inventions abroad. The result is a cost-effective and accelerated administrative procedure for more than 150 States:

During the International Phase, the World Intellectual Property Organization (WIPO) – through its designated authorities – issues the International Search Report and the International Preliminary Report on Patentability. These documents are essential to support applicants in meeting patentability requirements and in amending the patent application.

Despite the single procedure during the International Phase, applicants must select the designated States by the end of a 30-month period. This is called the PCT National Phase entry.

On the other hand, the Brazilian Industrial Property Law (LPI) requires that any foreign company or person established in another country must appoint a local legal representative in Brazil to proceed with the PCT National Phase or any other IP administrative procedure (art. 217/LPI).

In this case, ICAMP is a qualified law firm with more than 36 years of experience and success with multiple patent applications originally from foreign countries.

Should you need any assistance with a PCT National Phase entry in Brazil, please do not hesitate to contact us.

SOUTH AMERICA

During the last three decades, ICAMP has developed long-standing relationships with worldwide IP firms, especially in South-American countries.

Brazil, Colombia and Chile are the only South-American countries that are Contracting States of the Madrid Protocol.

Should you need assistance with trademark application in Uruguay, Paraguay, Argentina, Bolivia, Ecuador, Peru or Venezuela, ICAMP is a qualified law firm with more than 36 years of experience and success that can manage your IP rights in a centralized structure and provide cost-effective results with legal certainty.

In some cases, it is even possible to take advantage of a trademark registration in a South-american country to obtain registrations in a neighboring State.

Should you need any assistance with trademark application in South America, please do not hesitate to contact us.