Because Portugal is a “first to file” nation, trademark registration is required to get rights to a trademark. Unregistered trademarks can only be protected in rare circumstances. The applications for trademarks must be submitted to the Portuguese Institute of Industrial Property (INPI). In addition to Portugal, Madeira and the Azores benefit from trademark registration in this country.
Because Portugal is a member of the European Union, European Union Trademarks (EUTM) are protected in this country. It is also a Madrid Protocol member state. As a result, this country can use the Madrid System to extend an international trademark registration.
Portugal’s filing requirements
Proceedings before the Portuguese Industrial Property Office (INPI) are conducted in Portuguese.
In order to register a trademark in Portugal, an application must include the following information:
– applicant’s name, nationality, address, and email;
– a representation of the trademark;
– a list of goods/services;
– priority date, country, and application number (if any);
– payment of the relevant official fees.
The filing of the Priority Document is usually not required by the Portuguese Industrial Property Office (INPI). On the other hand, the Office may seek a certified copy of the priority document and its translation into Portuguese in exceptional circumstances.
If the trademark application is filed through a registered Portuguese trademark attorney, the Power of Attorney is not required.
Publication, opposition, and examination of a trademark application
In Portugal, trademark applications are examined for adherence to formal criteria as well as trademark distinctiveness. There is also a search for prior trademarks. A trademark is published for the opposition when the formal examination is completed. Within two months of the publication date, oppositions to a Portuguese trademark application may be filed. This term can be extended for another month.
Grant, validity term, and trademark renewal
The grant cost is calculated based on what kind of registration certificate. In Portugal, trademarks are valid for ten years from the date of filing and can be renewed an unlimited number of times every ten years. Renewal can be requested up to six months before the expiration date, or up to six months after the expiration date if late renewal fees are paid.
Duration of the registration procedure
The average period of time from filing a trademark application to registration is about 5-6 months.
Use requirement of a trademark
If a trademark registration in Portugal has not been utilized for five years from the date of registration, it may be canceled.
Representation by a trademark attorney in Portugal
It is advised that international applicants register their trademarks in Portugal through a registered Portuguese trademark attorney.
You could find the list of Portugal IP Firms here