It has taken 7 months for the Brazilian PTO to finally begin publishing, in the local Official Gazette, international applications filed through the Madrid Protocol which designate Brazil.
Counting from the date of such publications in the local Official Gazette, interested third parties have a 60-day term to oppose the applications. It is important to note that oppositions filed against an international application designating Brazil will be published in the local Official Gazette issued by the Brazilian PTO, but will not be notified to WIPO. As a consequence, the PTO recommends, in its Trademark Manual, that “the owner of the international registration monitor publications in the Official Bulletin in order to become aware of eventual oppositions and submit replies, if it so wishes”.
Therefore, unless a local attorney is monitoring the application, the applicant will probably not become aware of the filing of an opposition and may lose the opportunity to file an answer thereto (answers – which are not mandatory - can be filed within a 60-day term counting from the date of publication of the opposition in the local Official Gazette).
If you would like to be provided with additional information or clarification, please do not hesitate to contact us.
Luiz Leonardos & Advogados