Trademark registration in Portugal. Portugal, officially the Portuguese Republic, is a country whose mainland is located on the Iberian Peninsula, in Southwestern Europe. Portugal has left a profound cultural, architectural and linguistic influence across the globe, with a legacy of around 250 million Portuguese speakers, and many Portuguese-based creoles. It is a developed country with an advanced economy and high living standards. Additionally, it ranks highly in peacefulness, democracy, press freedom, stability, social progress, and prosperity. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Portugal.
Forbidden signs for trademark registration in Portugal
Forbidden signs for trademark registration in Portugal include:
- Signs that have already been registered;
- Signs that can mislead or make the consumers confused;
- Signs that are only made of words describing the characteristics of the goods or services or words that are used in commercial language;
- Signs that are contrary to morality and good manners;
- Signs that violate the rights of third parties or encourage unfair competition;
- Signs that are State symbols, emblems of national or foreign public entities, coats of arms, names or portraits of people, without permission from the person or entity who owns these symbols;
Necessary documents for trademark registration in Portugal
Necessary documents for trademark registration in Portugal include:
- The application for trademark registration in Portugal;
- Detailed information of the applicant (name, nationality, and address, etc.);
- Detailed information of the representative or attorney (name, nationality, and address, etc.);
- Classification of goods and/or services;
- Trademark sample;
- Priority documents (If any);
- The prescribed fee;
- Other necessary documents.
The procedure for trademark registration in Portugal
In order to obtain trademark protection in Portugal, the applicant needs to submit their trademark application to the Portuguese Institute of Industrial Property (INPI).
After receiving the application, the examiner at the INPI will conduct examinations to check if the application complies with formal requirements and if the mark has acquired the distinctiveness or not.
In addition, the examiner will also conduct a trademark search of prior registered or pending trademarks to ensure that the trademark is unique.
If there are no errors detected in the application or there aren’t any similar trademarks, the application is published for opposition in the Industrial Property Bulletin.
Opposition and renewal of a trademark in Portugal
After publication, the trademark application is then opened for a 2 months opposition period in which any third parties may file for the opposition of the mark. This term can be extended for an additional month.
If there are no oppositions, the trademark is registered and the applicant will be granted the trademark registration certificate.
The trademark is protected for 10 years in Portugal and the trademark owner may file for renewal of the trademark every 10 years to extend the validity period for an additional 10 years.
The request for the renewal of the trademark may be submitted within the 6 months preceding the expiration date, or during the grace period of 6 months following it, upon payment of late renewal fees.
Notes when filing for trademark registration in Portugal
When an applicant receives trademark protection in Portugal, their trademark will also be protected in Madeira and the Azores.
Normally, the entire process from first filing to the granting of the trademark registration certificate takes about 5-6 months.
Portugal is a member of the European Union. Accordingly, European Union Trademarks (EUTM) are protected in this jurisdiction.
Portugal is also a member state of the Madrid Protocol. Consequently, the trademark owner may register their trademark through the Madrid System to obtain trademark protection in Portugal.
Use requirement of a trademark in Portugal
A trademark doesn’t need to be in use in Portugal for it to be registered. However, it must not go unused for periods of more than 5 years or it will become vulnerable to cancelation actions by third parties.
Although, in special circumstances, the lack of use may be justified if the trademark owner can provide adequate proofs.
You can see a list of Portugal IP firms here.