What is the Madrid Protocol
The Madrid System is an international treaty that allows trademark registration in multiple countries through a single application — administered by WIPO (World Intellectual Property Organization).
Brazil joined in October 2019.
What INPI is
The National Institute of Industrial Property (INPI) is the Brazilian trademark and patent office — equivalent to the USPTO (USA) or EUIPO (EU). It's the entry point for Madrid Protocol applications from Brazil.
Who can use it
- Brazilian legal entity with a registered or filed trademark at INPI (the Brazilian mark is the "base")
- Brazilian individual in the same situation
- The international mark must be identical to the Brazilian one (sign and scope)
Countries covered
More than 130 countries are members — including USA, European Union, China, Japan, UK, Mexico, South Korea, Israel, Australia, Russia, India.
Countries not in the system: some South American countries (Argentina, Uruguay) and Middle Eastern ones. For those, you still need to file directly in the country.
Advantages for international expansion
- One application for multiple countries (instead of N separate ones)
- Lower cost than individual filings
- Single language (Portuguese / English / French / Spanish)
- Centralized renewal every 10 years
- Simultaneous updates (change of holder, address) across all countries
- Possibility of adding countries later (subsequent designations)
Disadvantages / watchpoints
Dependence on the base mark for 5 years
If your Brazilian mark is invalidated in the first 5 years, all derived international marks fall ("central attack"). Strategy: protect the base mark against challenges before going international.
Local analysis in each country
WIPO administers; each country examines the application according to its law. There may be:
- Rejection in some countries
- Local demands
- Need to appoint local representative
"Madrid international application" does NOT mean "approved in all countries". Each local office examines and can refuse. Extra attention for linguistically sensitive markets (Japan, China — where the sign also needs consideration in local writing systems).
Internationalization strategy
- Secure the Brazilian mark robustly (no pending oppositions)
- Pre-search in target countries — is the mark available?
- Class plan aligned with locally commercialized products
- International application with initial target countries
- Subsequent designations as geographic expansion grows
- Continuous monitoring in each country (local oppositions)
When it's worth it
- Company with consolidated export plan
- Brand with distinctive identity needing protection abroad
- International e-commerce / global marketplaces
- Holder Service operation — registering in Brazil for foreign clients (Wissen provides this) often pairs well with Madrid filings going the other way
Approximate cost
WIPO fees + designations + translations: depends on countries chosen. For 5-10 countries, it's a fraction of doing each separately — worth calculating.
For foreign companies entering Brazil
If you're filing your mark in Brazil from abroad, work with a Brazilian agent (INPI-registered) is mandatory. A specialized consultancy can coordinate the Brazilian leg of your Madrid filing or — if Madrid doesn't fit your strategy — handle a direct INPI filing.
