Global Trademark GO - Portugal - Introduction to Portuguese Trademark Application

Portugal is a party to international intellectual property treaties such as the WIPO Convention, the Paris Convention, the Nice Agreement, and the TRIPS Agreement. It is also a member of the European Union and a member of the Madrid Agreement and the Madrid Protocol. Therefore, Portuguese trademark registration can be approved. It can be handled through "Single Country Registration", "EU Registration" or "Madrid International Registration". Portuguese trademarks adopt the Nice Classification and accept applications for multiple classes in one form. In Portugal, a trademark can be registered for words, images, drawings or sounds, as well as combinations of these elements.

1. Trademark authority:

• Portuguese National Institute of Industrial Property
• English: Portuguese Institute of Industrial Property, abbreviation: INPI
• Website: Brand | Justiça.gov.pt (justica.gov.pt)
• Trademark Search: Pesquisas Online - Marcas (justica.gov.pt)

2. How to apply for trademark registration:

• electronic submission

3. Trademark registration application language:

• Portuguese

4. Documents required for trademark registration application:

• Applicant information
• Trademark pattern
• Goods/services list
• Priority date, country and application number
• Proof of fee payment
• Priority document and its Portuguese translation, only available upon request from INPI
• power of attorney

5. Portugal trademark registration application process:

• Trademark applications in Portugal are subject to examination for formal requirements and distinctiveness of the mark. A search for earlier trademarks was also conducted. After formal examination is completed, the mark will be published for opposition. If there is no objection or the objection is not established during the announcement period, the examiner will conduct a substantive examination; if the examination fails, a rejection notice will be issued and a reply will be required within the specified time; after the substantive examination is passed, the trademark will be approved for registration and the application will be filed. The person is issued a trademark registration certificate.

6. Trademark cancellation

• A trademark registration in Portugal may be canceled if it has not been used for five years from the date of registration.

7. Trademark objections

• Oppositions to Portuguese trademark applications can be filed within two months from the date of publication.

8. Authorization, validity period and trademark renewal

• The amount of the authorization fee depends on the type of registration certificate – paper or electronic. A trademark in Portugal is valid for ten years from the date of application and can be renewed every ten years for any number of times. Renewal can be applied for within six months before the expiry date or within a six-month grace period after expiration upon payment of a late renewal fee.

9. Average time for trademark authorization

• The average time from application submission to trademark registration is 5-6 months.

10. Madrid registration

• The time limit for responding to a provisional refusal of an international registration in Portugal is one month from the date on which WIPO notifies the applicant of the refusal. You can ask for an extension of time. The response language is Portuguese. It is recommended that a local representative be appointed to submit the response. There is no option to request modification or appeal a provisional rejection to the Office.