How to Register a Trademark in Portugal

If you’re planning to expand your business in Portugal or protect your brand identity in the country, registering a trademark is a vital step. Portugal trademark registration provides legal protection, ensuring your brand stands out and is shielded from unauthorized use. This guide will give you a comprehensive overview of how to register a trademark in Portugal, including key steps, filing requirements, and the benefits of trademark registration.

Why Register a Trademark in Portugal?

Registering a trademark in Portugal grants you exclusive rights to your brand within the country. It ensures that no one can use your logo, name, or slogan without your permission. A Portugal trademark registration:

• Protects your business by giving legal control over your brand elements.
• Enhances brand reputation, as registered trademarks are trusted by customers.
• Provides enforcement tools to combat infringement and unauthorized use.
• Supports international expansion, especially through European Union Trademark registration options.

Steps to Register a Trademark in Portugal

1. Conduct a Trademark Search

Before initiating the registration process, search the following databases to ensure your trademark is unique:

• Portuguese Trademarks Database;
• EU Trademarks Database;
• International Trademarks Database.

2. Understand Multiple-Class Applications

Portugal allows for multiple-class applications, enabling you to include various goods or services under a single application. This is both cost-effective and efficient.

3. Prepare Your Trademark Application

To file a trademark application in Portugal, ensure it includes the following:

• Applicant’s name, nationality, address, and email;
• A clear representation of the trademark;
• A list of goods/services (following the Nice Classification);
• Priority date, country, and application number (if applicable);
• Payment of the relevant official fees.

Note: While a Priority Document is typically not required, under special circumstances, the Portuguese Industrial Property Office (INPI) may request a certified copy of the Priority Document and its translation into Portuguese.

4. Submit the Application to INPI

File your trademark application with INPI in Portuguese. Foreign applicants are encouraged to use a registered Portuguese trademark attorney for representation.

5. Examination and Publication

Once submitted, your application undergoes:

• Formal examination to ensure compliance with filing requirements;
• Distinctiveness examination to verify that the trademark is unique;
• Prior trademarks search to check for conflicts.

If the application meets all requirements, it will be published in the Official Bulletin for a two-month opposition period, extendable by one additional month.

6. Respond to Opposition

If oppositions are raised, you must respond within the specified timeframe by providing additional details or amending your application as necessary.

7. Grant and Certificate Issuance

Once the opposition period ends without issues, or after resolving any objections, your trademark will be granted. You can choose between a paper or electronic registration certificate, with fees varying by type.

Grant, Validity, and Renewal of Trademarks in Portugal

• Validity Period: Trademarks are valid for 10 years from the filing date.
• Renewals: Trademarks can be renewed indefinitely every 10 years. Renewal requests can be filed within six months before expiration or during a six-month grace period after expiration (subject to late fees).
• Use Requirement: A trademark must be used within five years of registration to avoid cancellation due to non-use.

Duration of the Registration Procedure

On average, the process from application filing to registration takes 5–6 months, depending on the complexity of the application and any opposition.

Benefits of Registering a Trademark in Portugal

• Exclusive Rights: Full control over your trademark within Portugal.
• Legal Protection: Prevents unauthorized use of your brand elements.
• Increased Business Value: Adds credibility and value to your brand.
• Support for Global Expansion: Facilitates trademark protection across the EU.

Additional Notes on Trademark Protection in Portugal

1. Trademark protection in Portugal can also be achieved by registering a European Union Trademark.
2. Responses to provisional refusals of international registrations in Portugal must be filed within one month of notification from WIPO, in Portuguese. Extensions can be requested, but appeals or revisions are not allowed.
3. Appointing a local Portuguese representative is highly recommended for the efficient handling of applications and responses.

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