The current trademark regulations in Macau, China are mainly based on the Industrial Property Law System approved by Decree No. 97/99/M published on December 13, 1999, and revised according to Law No. 11/2001 on the establishment of the Macau Special Administrative Region Customs of the People's Republic of China on August 6, 2001. The Macao Economic and Technological Development Bureau is responsible for managing trademark affairs, and the official languages are Chinese and Portuguese. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Macau, China adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Macao, China is a contracting party to international intellectual property treaties such as the TRIPS Agreement, but it has not yet joined the Madrid System, and trademark registration can only be applied for separately.
At present, the Macao Economic Bureau adopts the Nice Classification 9th edition for the description of goods and services, and only accepts applications for one table and one category, and cannot apply for a series of trademarks. The elements that can be registered as trademarks in Macau, China include: text, graphics, symbols, color combinations, three-dimensional shapes, sound, etc.
If the applicant does not reside in Macau, China, they must entrust a specialized agent in their local area to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product items;
3. Name and address of the applicant;
4. The power of attorney needs to be notarized;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a trademark in Macau, China is: application - formal examination - preliminary examination announcement - substantive examination (distinctiveness, similarity, etc.) - registration announcement - approval and issuance of certificates. The application will be accepted within about 2 days after submission. The Economic Bureau will first conduct a formal review, mainly examining whether the application requirements and classification information comply with regulations. If they do not comply with regulations, a notice of correction will be issued; If it meets the regulations, an announcement will be arranged.
The objection period is 2 months from the date of the initial review announcement. Any interested party or prior right holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not established during the announcement period, the examiner will conduct substantive examination of the trademark, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice; After the substantive examination is passed, a registration announcement will be arranged and a registration certificate will be issued.
In a smooth situation, trademark registration in Macau, China takes about 12 months; If things don't go smoothly and there are rejections or objections, the time will be extended, which may take 2-3 years.
The trademark registration in Macau, China is valid for 7 years from the date of registration; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 7 years.
The invalidation or revocation application after trademark registration can generally be filed in accordance with the following two provisions of the Industrial Property Law System of Macau, China (Law No. 97/99/M):
Article 230: (1) Those who violate the provisions of this law; (2) The owner of a well-known trademark requests revocation of a registered trademark;
Article 231: (1) If a trademark is not actually used in the local area for three consecutive years after registration, anyone may apply for invalidation, except for those with reasonable reasons; (2) Becoming a common name, etc.