Since 1 May 2026, the EU–Mercosur interim trade agreement has been provisionally applied between the EU and Argentina, Brazil, Paraguay and Uruguay, and with it the agreement’s intellectual property chapter. For EU Mercosur intellectual property planning, the headline is that Mercosur countries now protect 344 European geographical indications, but the chapter also sets rules on trademarks, designs, patents and border enforcement. It matters most to food, wine and spirits exporters and to any company whose trademarks contain a protected name.
Key takeaways
- The interim trade agreement (iTA) has applied provisionally since 1 May 2026; the European Parliament asked the Court of Justice for an opinion on 21 January 2026 and will vote on consent only after it.
- Mercosur protects 344 EU geographical indications (GIs), including 59 Spanish and 36 Portuguese names, against imitation and use with terms such as “style” or “type”.
- Earlier trademarks filed in good faith can coexist with a GI, but later applications for the same or similar products must be refused.
- The chapter does not create a Mercosur-wide trademark or patent: each country still grants its own rights, and only Brazil is in the Madrid, PCT and Hague systems at once.
- Negotiated exceptions protect named prior users of terms such as “Parmesano”, “Grana” or “Queso Manchego” in specific countries.
What is in force now, and what is still pending?
The agreement was split into two instruments: the EU–Mercosur Partnership Agreement (EMPA) and the interim trade agreement (iTA). The Council authorised signature on 9 January 2026, both texts were signed on 17 January 2026 and the iTA was published in the Official Journal (OJ L, 2026/184, 27 February 2026). According to the European Commission (30 April 2026), provisional application started on 1 May 2026 with all four Mercosur founding members.
Provisional application is not the end of the process. On 21 January 2026 the European Parliament voted 334 to 324, with 11 abstentions, to ask the Court of Justice whether the EMPA and the iTA are compatible with the EU Treaties. Parliament will vote on consent only once the Court has given its opinion. In practice, the IP rules apply today, but companies should follow that procedure before treating every detail as permanent.
What does the EU–Mercosur intellectual property chapter cover?
Chapter 13 of the agreement text published by the Commission goes well beyond GIs. The main commitments:
| Area | Commitment | Article |
|---|---|---|
| Trademarks: systems | Apply the Nice Classification; make best efforts to accede to the Madrid Protocol | 13.21 |
| Trademarks: procedure | Reasoned refusals open to challenge, adversarial opposition and a public online database | 13.22 |
| Well-known marks | Protection extends to services and, where there is a connection and damage, to dissimilar goods | 13.24 |
| Bad faith | A trademark applied for in bad faith may be declared invalid | 13.25 |
| Designs | Best efforts to join the Hague Agreement (Geneva Act); at least 15 years of protection | 13.27 and 13.29 |
| Patents | Best efforts to accede to the Patent Cooperation Treaty (PCT) | 13.40 |
| Trade secrets | Civil protection against unlawful acquisition, use and disclosure | 13.42 |
| Border measures | Customs procedures for suspected counterfeit trademarks, piracy and GI infringements; transit goods not required | 13.58 |
“Best efforts” clauses do not oblige anyone to join a treaty by a given date. That matters because, according to WIPO Lex, the starting point is uneven: Brazil is in the Madrid Protocol (since 2019), the PCT (since 1978) and the Hague Agreement (since 2023); Uruguay has been in the PCT since January 2025; Argentina signed the PCT in 1970 but is not bound by it; Paraguay is in none of the three. Outside Brazil, trademarks and designs still mean national filings through local agents.
How are the 344 EU geographical indications protected?
A geographical indication is a name that identifies a product as coming from a place whose qualities it owes to that origin, such as Rioja or Queso Manchego. The EU list is in Section 1 of Annex 13-B. The Commission’s Spain factsheet counts 59 Spanish GIs, including Jamón de Teruel, Rioja and Brandy de Jerez, and the Portugal factsheet 36 Portuguese GIs, including Douro, Vinho Verde, Port and Queijo Serra da Estrela.
Under Article 13.35(1), interested parties must have legal means to stop use of a listed GI on products in the same class that do not come from the place of origin, even if the true origin is shown, the name is translated or it appears with words such as “kind”, “type”, “style” or “imitation”. Protected names cannot become generic in Mercosur (Article 13.35(10)), and once protected they can be used by any operator meeting the specification, without user registration or extra charges (Article 13.36).
The protection has limits. Appendix 13-B-1 lists individual words of compound names that are not protected alone, such as “queso”, “jamón”, “aceite”, “vino” or “paleta”. “Cava” can still be used in Mercosur where it plainly means a wine cellar, and grape or breed names such as “Valencia Late” or “Cariñán” stay free.
What happens to trademarks that clash with a GI?
This is where the chapter touches most trademark portfolios. Article 13.35(2) sets three rules:
- Later trademarks are refused. Each party must refuse a trademark for the same or a similar product whose use would breach GI protection, if the trademark application was filed after the GI’s protection date; trademarks registered in breach must be invalidated.
- Reference date. For GIs listed when the agreement takes effect, the date is when the opposition procedure or public consultation was published in each territory, not 1 May 2026.
- Prior marks coexist. A trademark applied for, registered or established by use in good faith before that date can continue to be used and renewed, provided it is not otherwise invalid or revocable and neither right is used to mislead consumers. A Party may also decline to protect a GI that would mislead consumers because of a famous or well-known trademark.
Article 13.35(8) adds negotiated exceptions for named prior users: for example, “Parmesão” in Brazil and “Parmesano” in Argentina, Paraguay and Uruguay; “Grana” and “Gorgonzola” in Brazil; and “Queso Manchego” in Uruguay for cow’s milk cheese, if used in good faith for at least five years. These users must print the term in a much smaller font than the brand and avoid flags or images evoking the European origin, and only users on the list in Annex 13-E benefit.
For Mercosur producers, Section 2 of Annex 13-B lists Argentine, Brazilian and Uruguayan GIs to be protected in the EU, while Paraguay’s names sit in Annex 13-C, to be added later by decision of the Trade Council.
What this means for your business
- Audit your marks. Compare your trademarks in Argentina, Brazil, Paraguay and Uruguay against Annex 13-B and its appendix. Keep filing receipts and evidence of use proving good faith priority.
- File national rights where you sell. The agreement does not grant trademarks. Brazil can be reached through Madrid; the other three need national applications coordinated with local agents.
- Use customs. Article 13.58 requires procedures to detain suspected counterfeits and GI infringements. Record your rights with customs in your main import markets.
- Watch labels. If you rely on a negotiated exception or use a generic term, check font size, flags and imagery against the conditions.
- Mercosur exporters to Europe: GI protection does not replace a brand. Your own trademark in the EU, through the EUIPO or a Madrid designation, is still needed.
If you need these steps run across four national offices and your EU filings, our team advising on cross-border IP strategy for EU–Mercosur trade can audit the portfolio and set the filing order. For the filings themselves, see our trademark registration services in Europe and Latin America.
Where companies get this wrong
- Assuming the agreement registers their brand. It protects listed GIs, not private trademarks. A brand not filed in Argentina or Paraguay has no protection there.
- Losing evidence of priority. Coexistence depends on good faith filing or use before the reference date; without dated evidence, an older mark is hard to defend.
- Reading exceptions too widely. The prior-user carve-outs cover named users and countries, under strict labelling conditions. They are not a general licence.
- Treating Mercosur as one office. Rules, fees and timelines differ in each country, and only Brazil is in Madrid.
- Ignoring the pending procedure. Contracts and launch plans that depend on the agreement should allow for the Court of Justice opinion and Parliament’s vote.
Frequently asked questions
When did the EU–Mercosur agreement start to apply?
The interim trade agreement has been applied provisionally since 1 May 2026 between the EU and Argentina, Brazil, Paraguay and Uruguay. It was signed on 17 January 2026 and published in the Official Journal on 27 February 2026. The European Parliament has asked the Court of Justice for an opinion and will vote on consent afterwards.
Can I keep using a trademark that contains a protected GI?
Possibly. A trademark applied for, registered or established by use in good faith before the GI’s reference date in that country can continue to be used and renewed, as long as it is not otherwise invalid and does not mislead consumers. Later applications for the same or similar products must be refused. Each mark needs a case-by-case review.
Does the agreement create a Mercosur trademark or patent?
No. The chapter sets common standards, but each country still grants its own rights. Brazil is in the Madrid, Hague and PCT systems, Uruguay only in the PCT, and Argentina and Paraguay in none. Outside Brazil, trademarks and designs require national filings, usually through local agents.
Can IP Global Guard review my portfolio against the agreement?
Yes. We compare your trademarks and labels with the GI annexes, identify conflicts and gaps, and coordinate filings and customs recordals in the four Mercosur countries through local correspondents, alongside your EUIPO and Madrid filings, which we handle directly where our professionals are entitled and otherwise through qualified representatives.
How IP Global Guard can help with the Mercosur chapter
The agreement changes the ground rules, but it does not file, monitor or enforce anything for you. IP Global Guard, the IP services line of META Channel Corporation Limited, coordinates trademark filings, GI clearance and enforcement across more than 25 jurisdictions in Europe, Latin America and Africa, with one strategy and one billing relationship; see our coverage across the corridor.
Send us your list of brands and products for Argentina, Brazil, Paraguay and Uruguay. We will check them against the GI annexes, flag conflicts and propose a filing and customs plan from a single point of contact. Ask our team for a Mercosur portfolio review.
This article is general information, not legal advice, and reflects the situation on its publication date.
Sources
- European Commission, EU–Mercosur interim trade agreement starts to provisionally apply (30 April 2026)
- European Commission, DG Trade, EU–Mercosur agreement (key dates)
- European Commission, Text of the agreement: Chapter 13 and Annexes 13-B and 13-C
- EUR-Lex, Interim Agreement on Trade between the EU and Mercosur, OJ L 2026/184 (27 February 2026)
- European Parliament, MEPs demand a legal opinion on the EU–Mercosur agreement (21 January 2026)
- European Commission, Factsheet: EU–Mercosur Partnership Agreement, Spain
- European Commission, Factsheet: EU–Mercosur Partnership Agreement, Portugal
- WIPO Lex, Madrid Protocol contracting parties
- WIPO Lex, PCT contracting parties
- WIPO Lex, Hague Agreement contracting parties
