Trademark Registration in Portugal

Portugal Trademark Registration – How to Register and its Benefits

Why do you need a Trademark Registration in Portugal?

For getting trademark protection in Portugal, you could decide to do trademark registration in Portugal in two ways: You can request for registration in the whole of European Union by filling just one single application. You can do this via the European Union Trademark that offers trademark protection in about 28 member countries of the EU. Another option is to apply for register for your trademark directly in Portugal.

A trademark attorney will process a trademark registration in Portugal by conducting the below-mentioned steps:

Step 1. Trademark’s Comprehensive Study:

Before filing for trademark registration in Portugal, one must assess all probable challenges that could come in the way of the registration process. This Comprehensive Study of the trademark helps in making a list of all comparable trademarks (graphically or phonetically) that might conflict with the one selected by you.

Step 2. Request of Trademark Registration:

The next step is that an attorney files your trademark registration in Portugal and fulfils all necessary steps in the Trademark Office for getting registration approval. After the trademark is filed, we send the filing report comprising of the application number, date, and a scanned copy of the complete application.

Step 3: Trademark Registration Certificate:

After approval of trademark application by the Trademark Office, the attorneys complete all mandatory steps and tasks to get the registration certificate in Portugal. When the certificate is obtained, it is sent to your postal address with a registration report including all details such as the registration number, date and any other special consideration to be taken into account in Portugal.

Will I get any right after having a registered trademark in Portugal?

It is a requirement for business owners to register their trademark if they wish to establish rights. The “first to file” rule is applicable in Portugal.

On what grounds can a Trademark Application be opposed?

Trademark can be opposed in case of:

  • Copyright breach
  • Registration of trademark in the agent’s name in place of the owner of the trademark
  • Rights are in trade names
  • Rights are in registered designs
  • Rights are in someone’s personal name

Will I have any rights established after trademark registration in Portugal?

Yes. Registered marks in Portugal establish the following rights:
  • Exclusive rights for using and taking benefit from the trademark
  • Challenge any conflicting applications filed at a later date
  • Appeal for cancellation of clashing registrations filed at a later date
  • Take legal course of action against any infringement
  • Get damages from infringement
  • Authorize third parties to use the trademark
  • Appeal for seizure of any counterfeit goods

Is Portugal a member of the Madrid System?

Yes. Portugal is a member of both Madrid Protocol and the Madrid Agreement.

Is there any timeline or the approval of trademark registration?

The average timeline for approval of the registration is 18 months, provided no objections or oppositions happen.

If I register my trademark in Portugal, do I have protection in other territories?

No, the registered trademarks are protected only in Portugal.

What are the various kinds of trademarks permitted to be registered in Portugal?

Any sign that can be graphically depicted and can set apart a product/service from its competitors can be registered:

  • Names
  • Slogans
  • Words
  • Sounds
  • Devices
  • Holograms
  • Trade dress
  • Colours
  • 3-D shapes
  • Motion

Post the trademark registration in Portugal, for how many years is it valid?

The validity of a trademark registration is 10 years.

When will I have to renew my trademark?

Subsequent renewals should be done every 10 years.

What would be the renewal date for a trademark?

The first renewal date of a trademark registration in Portugal is 10 years counted from the date of application filing.

What documentation is needed while renewing a trademark?

No document is needed for renewals.

Do I get a grace period after my trademark expires?

Yes, the grace period after the expiry of the renewal date is 6 months.

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