COUNTRY : PORTUGUESE REPUBLIC
CAPITAL : LISBON
LANGUAGE : PORTUGUESE
MEMBER : PARIS CONVENTION, WTO-TRIPS, EUROPEAN UNION COMMUNITY TRADEMARKS, MADRID AGREEMENT AND MADRID PROTOCOL, WIPO, BERNE CONVENTION, PCT
The IP office of Portugal is known as Portugese Institute of Industrial Property INPI and administered by the National Institute of Industrial Property, Secretary of State for Justice and Judicial Modernization
PROTECTION OF TRADEMARKS IN PORTUGAL:
1. National Registration - Direct Filing with National Trademark Office
Please refer our Treaties section on International protection under Madrid System and Community Trademark Registration.
Therefore, to obtain protection in Portugal, there are three options from which the applicant can choose.
Applicants should bear in mind that the following will not be registrable as Trademarks 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.
Applicants have to furnish the following documentation for filing:
TRADEMARKCOPIA.COM will assist you with the following:
• Infringement & Opposition Actions
• License and Assignment procedures
• Trademark Watch Services
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 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 examination and publication, if the trademark application is deemed acceptable for registration, it is registered and Certificate of registration issued.
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.