The following articles shall comprehensively guide to register trademark in Macau which the trademark applicant should note prior to officially filing Macau trademark.
| QUESTIONS | ANSWERS |
| What is trademark rights in MACAU: first to file or first to use? | First to file is applied in Macau. It is required to register in order to obtain the protection of a trademark. However, using a trademark that is not registered is not illegal.
|
| What is advantage of trademark registration in MACAU? | The trademark registration will recognize the ownership of the applicant with the trademark. The owner of the registered trademark also has the right to protect the trademark against the infringement action, unlawfully use of the trademark and/or unfair competition of their competitor. In addition, and also the owner of the trademark has the right to license or transferring the protected trademark.
|
| Definition of trademark in MACAU (i.e. What can be a trademark in MACAU)? | Trademark means a sign or group of signs which are capable of being represented graphically, namely words, including personal names, designs, letters, numerals, sounds, the shape of the product or its packaging, and which are capable of distinguishing the products or services of one company from those of other companies. Wording contained in trademarks shall be written in Portuguese, Chinese or English, and may combine elements of these different languages The trademarks of products destined solely for export can be written in any language, but their use in Macao shall determine when they lapse. |
| Do we need to conduct trademark search in MACAU before officially filing trademark in MACAU? and Why? | It is not compulsory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in Macau. |
| What international treaties MACAU is a member? | Macau is the member of Paris Convention and TRIPS Agreement. |
| When is opposition to trademark application in MACAU? | Any parties have the right to file the opposition against an applied trademark within 02 months counted from the publication date of the notice of filing a trademark application |
| Do we need Proof of use for trademark in MACAU? | Proof of use is not required for obtaining the protection of trademark. However, it is required to have Proof of use for defending the trademark against the non-use claim |
| What rights do owners of trademark have after getting trademark registration in MACAU? | After getting trademark registration, the owner of trademark has the right to defence the trademark against the infringement action, unfair competition, unlawfully use of the trademark or have the right to license or transfer the trademark registration to another party. |
| What is term of trademark in MACAU? | A trademark should be protected in Macau for seven years starting from the date of approval of the application |
| What is use requirement after trademark registration in MACAU?
What actions could be considered as use of trademark in MACAU?
Could we stop validity of trademark registration certificate based on non-use for a period of time?
How many years of non-use? |
The trademark is required to be used in the first three consecutive years from the date of registration (or any consecutive 3-year period thereafter), otherwise the trademark may be invalided. |
| Is cancellation of trademark registration in MACAU available?
What is the foundations for such cancellation? |
The cancellation of trademark registration in Macau is available. A trademark may be cancelled where it cannot be protected or the trademark infringes upon the public order or morals. In addition, the owner of the protected trademark has been proved that they are infringing the right of other owners, the registration of the trademark was issued lacking the required documents. |
| What is required documents for renewal trademark in MACAU?
Is grace period after renewal date allowed? |
The grace period is 06 months from the expire date of the trademark registration. |
| Is customs record of trademark registration available in MACAU? | The trademark registration may be recorded on customs data but it is not automatically mechanism. The owner of Trademark must file the request to Customs authority of Macau for assistance with enforcement of trademarks. |