Portugal
Fees for registering Portugal trademarks
First class：
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Additional class：
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Renewal:
Service Process
Trademark registration time
The current trademark regulations in Portugal are mainly based on the Industrial Property Law No. 110/2018, which came into effect on July 1, 2019. The Portuguese Industrial Property Office is responsible for managing trademark affairs and the official language is Portuguese. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to better protect the trademark or renew it, it must be registered in accordance with the law.
The Portuguese trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Portugal is a party to international intellectual property treaties such as the TRIPS Agreement, the Convention Establishing the World Intellectual Property Organization, the Paris Convention, the Nice Agreement, the Nairobi Treaty, and the Trademark Law Treaty. It is also a member of the Madrid Agreement and the Madrid Protocol, and a member of the European Union. Therefore, trademark registration can be processed through "single country registration", "EU registration", or "Madrid International Registration".
Trademark Registration Process
At present, Portugal's industrial property rights adopt the Nice Classification 11th edition of goods and services descriptions, accepting applications for multiple categories in one form. The elements that can be registered as trademarks in Portugal include: text, names, letters, numbers, graphics, color combinations, three-dimensional shapes, sounds, etc.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in Portugal must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a Portuguese trademark is: application - formal examination - announcement - substantive examination - registration. The application will be accepted approximately 2 months after submission. Firstly, the examiner conducts a formal examination of the trademark application, which mainly examines whether the application requirements and classification information comply with regulations. If the review fails, corrections must be made within the prescribed time limit; Those who pass the formal review will be announced. The opposition period is 2 months from the date of announcement, and anyone can file an objection to the registration of the trademark with the Industrial Property Office. The main reasons for filing an objection 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 shall conduct substantive examination of the trademark application. The substantive examination includes the 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 examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, registration can be granted and a registration certificate can be issued. In a smooth situation, trademark registration in Portugal takes about six months; If things don't go smoothly and there are rejections or objections, the time will be greatly extended.
Trademark registration materials
The Portuguese trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation/revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations;
2. Malicious registration;
3. Trademarks that are identical or similar to those previously applied for registration by others;
4. Without justifiable reasons, the trademark has not been actually used in the country for five consecutive years after registration;
5. Due to the actions and inactions of the registered trademark owner, the trademark becomes a generic name for the registered goods or services;
6. The actual use of the trademark may lead to public misidentification of the nature, quality, and geographical origin of the goods/services.
The application for invalidation/revocation of a trademark can be submitted to the Portuguese Industrial Property Office, which generally takes 1 and a half to 2 years.
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