Businesses need to pay attention to trademark registration procedures to distinguish your brand from other competitors in Portugal. Located in the Iberian Peninsula, Southwestern Europe, Portugal has a favorable geographical position for international trade, connecting with the large European market and African and South American countries. The seaport of Lisbon is one of the largest seaports in Europe, facilitating the import and export of goods. As a member of the European Union (EU) and the European Free Trade Area (EFTA), Portugal benefits from the single market, low tariffs and the free movement of capital, labor and services. Participating in free trade agreements with many countries, expanding export markets for Portuguese products. The service sector is the largest contributor to Portugal’s GDP, accounting for more than 65% in 2023. Tourism is Portugal’s mainstay of its economy, attracting tens of millions of international visitors each year. Thanks to its rich cultural and historical heritage, beautiful coastline and mild climate, Portuguese tourism has the potential to develop strongly in the future. The retail services sector also contributes significantly to the Portuguese economy, with a variety of shops, shopping malls and e-commerce. Portugal’s financial services industry is growing rapidly, with a presence of many banks, insurance companies and investment funds. Industries contribute about 20% to Portugal’s GDP. The manufacturing sector is an important contributor to Portugal’s exports, with products such as cars, auto parts, electronics, chemicals, textiles and footwear. Portugal is strongly developing renewable energy sources such as solar, wind and water power. Along with preferential policies to attract foreign investment, such as corporate income tax exemption, value-added tax reduction, financial support and a stable and safe business environment, more and more investors are expanding their business scope in Portugal. Viet An Law would like to guide customers preliminarily through the procedure for trademark registration in Portugal through the article below.
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Legal basis
Law on Industrial Property (approved by Law Decree No. 110/2018 dated December 10, 2018 and amended by Law Decree No. 9/2021 dated January 29, 2021)
The concept of “trademark” in Portugal
A trademark is a mark used to distinguish a company’s goods or services in a commercial environment. In addition to trademarks, other trade marks may also be registered: logos, marks of origin, geographical indications, collective marks, marks of certification or guarantees and awards.
Types of registerable trademarks
Trademarks in words: Include only words, letters, numbers, or other standard characters.
Visual marks: Include only images or drawings.
Trademarks that combine words and images: Include combinations of images or drawings with words, letters, numbers, or other standard characters.
3D brand: Includes the shape of the product, packaging, or container. Can be combined with other elements with words or images.
Audio brand: Includes only one sound or combination of sounds.
Multimedia brand: Includes a combination of images and sounds.
Color brand: Includes only a single color or combination of colors (no border).
Pattern marks: Include only a set of elements that are frequently repeated.
Trademark placement: Includes the specific way in which a trademark is placed or affixed to a product.
Trademark movement: Includes the movement or change of the position of elements within the mark.
Hologram brand: Includes elements with three-dimensional characteristics (holograms).
Other types of trademarks: If not falling into any of the categories listed above, the representative image of the trademark must allow for clear and accurate identification of the protected object and include a detailed description.
Non-trademarked signs
Previously registered: A trademark that duplicates a trademark already registered by another party.
Misleading consumers: Signs that may cause consumers to be confused about the origin, quality, characteristics of a product or service.
Descriptive only: A sign includes only words describing the characteristics, features, uses of goods or services, or common words in commerce.
Violation of fine customs: Signs with objectionable content, contrary to social Portuguese religion.
Infringement of intellectual property rights: Signs of infringement of third party rights, such as unauthorized use of someone else’s logo, registered trademark, or encouragement of unfair competition.
Use of State emblems: Signs using State emblems, badges of domestic or foreign state agencies, badges, names or images of individuals without the permission of the owner.
Use of symbols with high symbolic value: Signs that use symbols of high religious or symbolic value, unless these symbols have become popular in the current language or in commerce and are combined with other elements that distinguish the trademark.
No trademark is identical or similar to the trademark the applicant wishes to register: Check carefully to avoid duplication with a trademark already owned by another party.
Trademarks that distinguish goods or services: Trademarks must be unique enough for consumers to easily identify and distinguish from other trademarks in the same field.
The types of trademarks allowed for registration include:
Words, letters, numbers
Pictures or drawings
Product shape or packaging
Sound
Color (single color or multi-color combination)
In addition, the applicant can also register a trademark that includes other elements:
As long as the representative image of the trademark allows for clear and accurate identification of the protected object.
A detailed description of the trademark should be enclosed for the competent authority to assess the eligibility for protection.
Trademark registration documents in Portugal
Representative image of the brand: Include the words, images, drawings that constitute the trademark and the color of the sign (if the applicant wants to register the colors).
Applicant’s registration information: Name, company name (if applicable), nationality, address, tax identification number (if applicable) and email.
Classification of goods or services: Nice Classification to identify the sector in which the mark is used.
Right-of-way information (if applicable): Date, application number, and country of filing of the first trademark application (if the applicant wishes to claim the right-of-way under the Paris Treaty).
Signature or electronic identification format of the applicant or authorized representative.
Letter of authorization: A letter of authorization from the parties involved is required if the trademark: Includes another person’s name or image; Use emblems, badges, insignia or emblems of the State, municipalities or other organizations; Include symbols with high symbolic value (such as religious symbols); In relation to the prize (award record number must be provided); There is potential to cause confusion with another trademark (consent from the trademark owner is required).
MP3 or WAVE recordings (if applicable): If the trademark includes audio.
To apply, after having all the above documents, it is necessary to fill in the form and enclose the documents:
Form M1 (Application for Registration of Special Trade Marks)
Form M2 (Next Form – Special Trade Sign) (if necessary)
Both forms need to be completed in Portuguese and submitted in two copies.
How to file for trademark registration in Portugal
To file for trademark protection in Portugal, you can apply using the following filing methods:
Direct submission: You can come directly to INPI at Campo das Cebolas, 1149-035 Lisbon, Portugal to submit your application and related documents.
By Post: You can send your application and all required documents via postal or courier service to INPI at Campo das Cebolas, 1149-035 Lisbon, Portugal
Submit online via website:
Log in to the website and create an account to apply online
Trademark registration in Portugal through the European Union (EU) system
Application form: The application form is downloadable from the European Union Intellectual Property Office (EUIPO) website. The applicant needs to complete information about the owner, trademark, and list of goods/services.
Brand image: Clear, sharp, fully branded images in JPG or PNG format, up to 2 MB in size.
List of goods/services: A detailed description of the goods/services for which you want to protect your trademark through the Nice classification system.
Registration fee: Basic fee: €850 for each additional class of goods/services the fee will increase by €150
Trademark registration in Portugal through the Madrid System
The Madrid system is a convenient and cost-effective Portuguese league for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.
Madrid Agreement:
Portugal acceded to the Treaty of Madrid on October 31, 1893.
The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.
Madrid Protocol:
Portugal acceded to the Madrid Protocol on 20 March 1997.
The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.
Trademark registration dossier under the Madrid System
The Madrid Singles consist of the Madrid Singles of Vietnamese origin and the Madrid Singles with Portuguese designations.
For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:
Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
02 MM2 declarations according to the form of the International Office in English or Portuguese;
02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
02 MM18 declarations in English (if the application has a US designation);
Written authorization in Vietnamese (According to the form of Viet An Law Firm);
Documents of payment of fees for international registration of trademarks of Vietnamese origin;
Other relevant documents (if necessary).
Application fees through the Madrid System
The fees include:
Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
Additional fees depend on where the claimant wishes to protect his trademark and the number of classes of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.
Trademark registration service in Portugal of Viet An Law Firm
Carry out the search and notify customers in writing of the results of trademark search in Portugal;
Drafting documents and directly submitting and monitoring the status of trademark filings in Portugal on behalf of trademark owners;
Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Portugal;
Support follow-up, representative resolution of objections and feedback with intellectual property representatives carrying out procedures in Portugal.
Receive dispatches, certificates and hand over to customers (if any).
If you want to apply for trademark registration in Portugal, please contact Viet An Law Firm for the most effective support.
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