Register a Trademark in Portugal
Register a Trademark in Portugal
Updated on Tuesday 14th November 2023 Rate this article
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Entrepreneurs in Portugal can protect their trademarks in Portugal by following a simple registration process with the Portuguese authorities. This step ensures the exclusive usage of a specific trademark (sign, symbol, character, etc.) and allows Portuguese companies to better promote their image. In order to register a trademark in Portugal, applicants need to submit a special form and the trademark representation to the Institute of Industrial Property. One of our lawyers in Portugal can help you during the registration phase and can answer all of your questions concerning intellectual protection laws in the country.
| Quick Facts | |
|---|---|
| Reasons for trademark registration in Portugal | - legal protection, - brand recognition, - exclusivity, - asset value, - security, etc. |
| Available trademark types | - words, - letters, - numbers, - images or drawings, - sounds, - colors, - logos, etc. |
| Restrictions on registering trademarks | If the trademarks are: - unoriginal, - descriptive, - misleading, - offensive, - contain state symbols or entities, etc. |
| Requirements for registering a trademark | - provide a representation of the trademark, - provide the identification data of the applicant, - specify the classification of the goods or services, - provide authorization for special symbols |
| Multiple-class application (YES/NO) | YES |
| Trademark publication | If accepted, the trademark will be published in the Industrial Property Bulletin. |
| Registration time (approx.) | 4 months |
| Registration authority | National Institute of Industrial Property (INPI) |
| Trademark validity | 10 years |
| Renewal period | Preferably in the last 6 months before it expires |
| Grace period | 6 months |
| EU trademark protection | Submit application to the European Union Intellectual Property Office (EUIPO). |
| International trademark protection (YES/NO) | YES, Portugal is part of Madrid System and this grants you international trademark protection (including EU protection). |
| Registration through power of attorney (YES/NO) | YES, our Portuguese lawyers can register a trademark on your behalf. |
| Assistance by our lawyers in Portugal | Our law firm in Portugal can help with researching the available trademarks, submitting the application, registering your trademark, and providing assistance in other intellectual property cases. |
Reasons to register a trademark in Portugal
Investors in Portugal have a number of advantages if they choose to register their trademark in the country:
- exclusive nationwide usage: a certain trademark will be used in Portugal only by the individual/company that registered it; the owner can also take legal action against infringement;
- owners can oppose the registration of similar marks;
- the owner may have priority when claiming the registration of the same trademark in a number of other jurisdictions; one of our lawyers in Portugal can give you more information on trademark registration priority.
Foreign investors in Portugal also benefit from the fact that the country is a member of the EU, thus European Union Trademarks are protected here.
The trademark registration process in Portugal
Simple or combined trademarks can be registered in Portugal. The latter includes a special category of trademarks that contain both word/character elements and figurative elements. If the applicant wishes to register this type of trademark, then its use is limited to that exact configuration of elements.
All types of companies in Portugal may file an application for trademark registration. The process is complete once the new trademark is published in the Industrial Property Bulleting. Trademark oppositions can be filed within two months of the publication date.
Trademarks that have not been used for a long period are more vulnerable to cancellation. The validity of a trademark registered in Portugal is ten years, after which it can be renewed. Renewal fees apply.
Priority in registration of intellectual property
There are times when more than one person will file an application for intellectual property in Portugal for the same creation or invention at the same time. The Industrial Property Code provides that the one who first submitted all the required documents will be granted rights. If both/multiple applications came along with complete requirements, the issue will be resolved either by agreement of the parties, through arbitration, or filing a case in court. Our attorneys in Portugal can help you with the registration of your intellectual property.
Kinds of intellectual property
Different works or creations come under various types of intellectual property. Our lawyers in Portugal can guide you on how to acquire rights over your work or creation. Here are the main types of intellectual property:1. Patent - This covers inventions that are unique, involves inventive steps, and can be used for industrial applications. Patents in Portugal exist for a period of 20 years and whoever holds the patent makes use of the invention exclusively and has the right to prevent others from manufacturing or distributing it without consent.
2. Trademark - This covers products and services. Trademarks are marks or signs that distinguish the products and services of one business from those of other companies. Once the trademark is registered in Portugal, no other business may use it without following the regulations as provided for by law and honest business practices. Trademarks expire after five successive years of non-use.
3. Copyright - This is regulated by the Code of Copyright and Other Related Rights of Portugal. Copyright covers intellectual creations involving ideas, literature, science, and artistic works. The owner of the copyright has exclusive rights, economic benefits of the work, can exploit it, or allow others to make use of it with consent.
Copyright is granted from the time the work is created without need of registration or publication and lasts for 50 years after the death of its creator.
You can contact the intellectual property experts at our law firm in Portugal for more information and advice on trademark registration in the country.
