Trademarks serve as one of the most important intangible assets of a business, helping to shape identity, build trust with customers, and differentiate themselves in the market. In Portugal, trademark registration gives the owner the exclusive right to use the trademark, creating a legal basis to protect this intellectual property. However, it should be noted that trademark protection rights under registration are not permanent, but only last for a specified period of time. Therefore, the renewal of trademark registration at the specified time in Portugal becomes an important legal procedure if the trademark owner does not want to lose exclusive ownership of the trademark. Viet An Law would like to provide customers with information about the procedure for extending trademark registration in Portugal through the article below.
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Once you complete the registration procedure and are granted a trademark protection certificate in Portugal, this title will be valid for a period of ten (10) years. This 10-year period is calculated from the date the initial application is filed at the Portuguese National Institute of Industrial Property (INPI). In order to ensure that trademark protection rights are maintained continuously, it is the owner’s responsibility to carry out the renewal procedure before the end of the current 10-year term within the last six (6) month period of the protection period.
This grace period starts immediately after the official expiration date of the 10-year protection term ends. That is, during these 6 months, your trademark has expired, but it can still be reinstated by filing an renewal application.
However, extending the validity of a trademark during this period will require an additional cost, which is an additional penalty fee (extra fees). This fee is added to the standard renewal fee.
The filing of an application for a renewal of trademark registration in Portugal can be made by one of the two main authorities below:
This is the most recommended modern application method used by INPI. The application is conducted through the official online service portal of INPI Portugal. Applicants will fill in the required information in the online electronic form and upload the attached documents through the system. The fee payment process is also often integrated directly into the system.
This is the traditional method, which is still accepted but less popular. Applicants need to download the renewal request form from the INPI website or pick it up in person at the head office, fill it out manually or by machine, and then submit it directly at the INPI application counter in Lisbon or send it by post.
If the application for renewal of trademark registration is approved, INPI will officially approve the request and proceed to record the renewal in the National Register of Industrial Property of Portugal. After the renewal is officially recorded in the Register by INPI, the legal protection of the trademark in Portugal will be automatically extended for a period of 10 years. This new 10-year cycle will be calculated starting from the expiration date of the previous protection cycle (not from the date the INPI records the renewal). INPI will update information about the registration of such trademark on the internal system and on the public online search database of INPI Portugal.
