Since the Portuguese Republic is a member of the EU and a party to the Madrid Agreement Concerning the International Registration of Marks and its Protocol, there are three ways to register a trademark there:
- National procedure;
- Regional procedure according to which an application is submitted for a single EU trademark;
- International procedure.
Before choosing one of these techniques, you must ascertain your particular requirements because each one of these approaches has advantages and disadvantages. The EU trademark registration is the most advantageous. If you decide to use this technique, you can register a trademark in Portugal and the territories of the other EU member states by submitting a single application.
The Office for Harmonization in the Internal Market, based in the Spanish city of Alicante, must receive an official application before a brand name can be registered in Portugal per the earlier protocol. Immediately upon its entry into the Office for Harmonization of the Internal Market register, the trademark will be registered throughout the territory of all EU member nations.
Additionally, trademarks may be registered in Portugal in compliance with national and international law.
Trademark Registration Process
The trademark registration process in Portugal goes through six different stages. They are the following:
- Submitting the application
- Formal assessment by the INPI according to the Nice classification
- Publication in the Industrial Property Bulletin
- Assessment of specific requirements, including with regard to distinctiveness
- The decision by the INPI
- In case of rejection: possibly appeal to the Intellectual Property Court or ARBITRATE
Period to Oppose
In Portugal, trademark applications are examined for formal requirements compliance and trademark distinctiveness. Additionally, a search for earlier trademarks is done. A trademark is published for opposition following the formal assessment. Opposition to a Portuguese trademark application may be filed within two months after the publication date. This term may be prolonged for a further month.
Validity Period
Whether an electronic or paper registration certificate determines the grant fee amount, in Portugal, trademarks have a ten-year initial validity period and are renewed every ten years indefinitely. When late renewal fees are paid, renewal can be sought within six months of the expiration date or the grace period of six months after it.
Requirement of Use
Trademark registration in Portugal may be canceled if it has not been used for five years from the registration date.
Also, contact for patent registration in Portugal.