PORTUGAL

• Kinds of Trademarks registrable in PORTUGAL

  • Following indications may be used as Trademarks in Portugal:

    1. Verbal marks comprising of words, letters, numbers, names of persons.
    2. Pictorial marks comprising of drawings, images, figures.
    3. Mixed marks comprising of verbal & pictorial elements.
    4. Sound marks comprising of sounds.
    5. 3D marks comprising of the shape of the products or its packaging.
    6. Slogans advertising slogans can be registered independently of any Copy Right protection that they may have.

    Types of Marks registrable:

    • Collective marks
    • Certification marks
    • Marks for non-commercial purposes
    • Service marks
    • Well Known marks
• Requisites for a Trademark to be registrable in PORTUGAL

  • Trademarks must contain the following essential requirements to be registrable in Porugal:

    1. Distinctiveness
    2. Non-descriptiveness of the goods and / or services
    3. Not be a well known term in the line of business, trade channels of the applicant
    4. Not be same / similar / identical either visually and/or phonetically  to prior registered marks pending registration.
• Kinds of Trademarks not registrable in PORTUGAL

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Portugal:

    1. Non distinctive Trademarks.
    2. Trademarks that have become customary in the business.
    3. Shape marks resulting from the nature of the product itself.
    4. Shapes required to obtain a certain technical result.
    5. Shapes that give the product its own substantial value.
    6. Descriptive Trademarks.
    7. Trademarks having the potential to mislead customers.
    8. Trademarks against the law & public order and those that offend morality & public behaviour.
    9. Trademarks containing state symbols, official insignia, emblems, signs, seals, maps of institutions, organisations, associations both domestic & international.
    10. Signs possessing a high degree of symbolic value / symbolism such as religious symbols.
    11. Trademarks comprising of names, portraits of people.
    12. Trademarks similar or identical to prior registered marks or marks pending registration.
    13. Trademarks in violation of others rights or in encouragement of unfair competition.
    14. Trademarks filed in bad faith.

    TrademarkCopia through its associate Law Firms and Lawyers in Portugal is at hand to help you with trademark registration and prosecution.

• Trademark Search in PORTUGAL

  • Before filing an application for registration, it is highly advisable to search for marks that are similar, identical to the proposed marks, through the databases of the IP office.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Portuguese Patent & Trademark Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Portugal.

• Trademark Filing in PORTUGAL

  • Filing is done with the Trademark office of Portugal.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)
       (Vienna Agreement for figurative mark)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in PORTUGAL

  • Once the trademark application is received at the IP office, it is submitted to a formal examination & then published online in the Industrial Property Bulletin to which interested parties may file their opposition. Applicants are to reply to the oppositions if any.

    Once the opposition phase ends, the application is submitted to a substantial examination following which the INPI decides on the registrability of the mark. During this process, if no grounds of refusal are found, the trademark is registered and Certificate of registration issued.

• Trademark Publication & Opposition in PORTUGAL

  • Once the trademark application is found to be compliant with all the necessary requisites and has overcome objections if any from the examiners, it is published. Post publication, interested third parties may lodge their opposition to the registration of the mark.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Portugal can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in PORTUGAL

  • Post examination and publication, if the trademark application is deemed acceptable for registration, it is registered and Certificate of registration issued.

    The trademark office then enters the details of the trademark onto the trademarks register and publishes the details of the registration.

    Trademark registration in Portugal is valid for 10 years from the date of Registration after which it can be frequently renewed for another 10 years.

    Rights of Trademark Owners:Trademarks may be:

    • Exclusively used by the owners of the registered trademarks.
    • Transferred in whole or in part- Inherited
    • Assigned and licensed.
    • Mortgaged and creditors may seize such trademarks belonging to their debtors.
    • Licensed to natural or legal persons
    • Prevented from unauthorized usage by third parties
    • The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in PORTUGAL

  • Pre – Registration: Use of the trademark for a period not exceeding 6 months prior to registration gives a priority right to the user to file the trademark application. This priority right ceases after the end of 6 months.

    Post- Registration: Non-use of the trademark actively for 5 yrs. post registration could lead to the lapse of the mark.

• Trademark Cost of Registration in PORTUGAL

  • Please write mail for the cost of registration of trademark in Portugal or European Union to the mail address given below:

    contact@trademarkcopia.com