How a Madrid designation of Brazil works
Brazil has been a member of the Madrid Protocol since October 2, 2019. You can designate Brazil in a new international application or add it later to an existing international registration, through your home office or directly with WIPO.
Once WIPO notifies the designation, INPI examines it under the same rules that apply to national applications. INPI has 18 months from that notification to issue a provisional refusal. If it does not, protection is granted.
What happens at INPI
- Publication. The designation is published in INPI’s weekly gazette, the RPI.
- Opposition period. Third parties have 60 days from publication to file an opposition. WIPO does not forward oppositions to the holder, so the RPI has to be monitored.
- Examination. INPI examines the mark and the specification. The classification itself was already settled by WIPO, but INPI can object to specific terms in the list of goods and services.
- Provisional refusal or grant. Objections, including restrictions to the specification, are notified as a provisional refusal through WIPO and published in the RPI. If everything is accepted, INPI issues a statement of grant.
Watch the RPI
An opposition against your designation is published in the RPI and you have 60 days from that publication to respond. Because WIPO does not notify oppositions, holders who rely only on WIPO correspondence can miss the deadline.
When you need a Brazilian representative
Filing the designation does not require a Brazilian attorney. You need one as soon as you have to act directly before INPI, for example to:
- respond to an opposition or to a provisional refusal;
- appeal a refusal;
- file an opposition or a nullity action against someone else’s mark;
- record changes or defend the registration in Brazil.
Holders domiciled abroad must appoint and keep a representative domiciled in Brazil (Law 9,279/96, art. 217). Under INPI’s Madrid manual, the power of attorney must be filed within 60 days of the act performed through the representative, or the petition may be dismissed.
Madrid or direct filing: how to choose
| Madrid designation | Direct filing at INPI | |
|---|---|---|
| Best for | Portfolios filed in several countries at once | Brazil as a priority market, or marks not yet filed at home |
| Specification | Follows the international registration; INPI may restrict terms | Drafted in Portuguese for INPI from the start |
| Dependency | Depends on the home mark for 5 years; if the base falls, the designation can fall with it | Independent of any foreign registration |
| Correspondence | Through WIPO and the RPI | Through the RPI, handled by your Brazilian attorney |
| Local attorney | Needed when you have to act before INPI | Needed from the start |
Common pitfalls
- Missing an opposition because it was published in the RPI and never reached the holder.
- Broad specifications that are accepted elsewhere but draw objections in Brazil, such as generic terms without detail.
- Losing time to forwarding. Deadlines run from publication in the RPI. Every day spent finding and instructing a local attorney comes out of the 60 days.
- Not using the mark. Like national registrations, a protected designation can be cancelled after 5 years without use in Brazil.
Frequently asked questions
Does a Madrid designation give the same protection as a national registration?
Yes. Once protection is granted, the designation has the same effect in Brazil as a registration obtained directly from INPI.
Can you act for us if we already designated Brazil?
Yes. We can monitor your designation in the RPI, respond to oppositions and provisional refusals and act before INPI as your representative in Brazil.
How do I know if INPI has acted on my designation?
Provisional refusals are notified through WIPO and published in the RPI. Oppositions appear only in the RPI. A weekly watch on the RPI is the reliable way to know.