The World Intellectual Property Organization vide its notification number 54/2019 dated August 16th, 2019 has informed that the Government of Brazil has declared that an individual fee is required to be submitted for Brazil in respect of the following scenarios:
- When Brazil is designated in an international application;
- When Brazil is designated in a designation subsequent to an international registration;
- . In respect of the renewal of an international registration in which Brazil has been designated.
SUBMISSION OF INDIVIDUAL FEE
Further, the Government of Brazil has also mentioned that the individual fee will have to be submitted in two different parts.
The first part is to be submitted when Brazil is designated in either an international application or as a subsequent designation. The second part will have to be submitted only when the National Institute of Industrial Property, which is the official government body responsible for Trademark Registrations in Brazil, is satisfied that the subject mark qualifies for protection. Therefore, the payment of the second part will, if applicable, be required at a later date than that of the designation of Brazil.
The following amounts will have to be submitted, when Brazil is designated in an international application or subsequently designated to an international registration:
The Office of Brazil will notify the applicable period in which the second part is to be submitted, to the International Bureau of WIPO and such notice will immediately be transmitted to the holder's representative. If the second part is not paid within the applicable period, the International Bureau of WIPO will cancel the designation of Brazil.
Further, the corresponding individual fee for renewal of an international registration requested for Brazil will have to be submitted in a single installment, the details of which are as follows:
Starting from October 02, 2019, the local business owners in Brazil would be able to seek protection of their trademark in territories of the other 105 member countries through a single application filed with the National Institute of Industrial Property, Brazil. In addition, the foreign applicants could also obtain trademark protection for their marks by designating Brazil in their Madrid Application along with other member countries.
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