Overview of Portugal Trademark Registration Service

Background

Portugal was a world power during the 15th and 16th centuries. More recently, in 1974, a left-wing military coup resulted in reforms leading to independence for all of Portugal's African colonies. Portugal entered the EU in 1986.

Who May Apply?

The first applicant is entitled to the registration of a trademark. However, persons using an unregistered mark for a period not exceeding six months enjoy a priority right for filing an application for registration or opposing another application within that period. The right to the registration of a trademark belongs to any person having a legitimate interest on it, namely, industrialists or manufacturers for the designation of products of their manufacture, traders to designate products of their trade, agriculturists and producers, to distinguish the products of agriculture, stock-breeding, and, in general, any agricultural, zoological, forestry, or extractive exploitation, craftsmen, to distinguish the products of their craft, and any person that provides services, to designate its activity. Persons filing, either personally or through a representative, applications for registration of a trademark in any country of the Union enjoy a priority right for six months in which to file a corresponding application in Portugal.

What Can Be Registered?

The trademark may consist of a sign or set of signs, which may be represented graphically, namely, words, designs, letters, numerals, sounds, and the shape of the product or its packaging, and which distinguish the products or services of a company from the products or services of other companies. A trademark may also consist on an advertising slogan for products or services, irrespective of copyright and as long as the slogan has distinctive character.

What Cannot Be Registered?

It is not possible to register a trademark on which the sign is exclusively composed by a shape resulting from the nature of the product itself, a shape of the product necessary for obtaining a technical result, or a shape that gives the product its own substantial value. Likewise, signs or indications that may be used commercially to designate the kind, quality, quantity, purpose, value, geographical origin, time of production of the product or of the rendering of the service, signs or indications that have become customary in current language or in bona fide and established commercial practices and colors (except if combined together or with graphics) do not meet the necessary requirements for registration. Registration will also be refused for trademarks which contain the following in any or all of its elements: 1) Flags, coats of arms, shields, and other emblems of the state, municipalities, or other public entities, whether Portuguese or foreign, without the respective authorization; 2) Badges, seals, and stamps, being official, fiscal or of guaranty, in respect of trademarks intended for products or services identical with or similar to those to which they are applied, unless authorization is obtained; 3) Heraldic insignia or escutcheons, medals, honor decorations, surnames, titles, and distinctions of honor to which the applicant has no right, or where he has the right, if disrespect or discredit of a similar sign is caused; 4) The emblem or name of the Red Cross, or other bodies to which the Portuguese Government has granted the exclusive right to their use, unless special authorization is obtained; 5) Fancy medals or designs likely to be confused with official decorations or with medals and awards granted at official meetings and exhibitions; 6) A trade name, company name, or name or emblem of establishment which does not belong to the applicant of the registration or which the latter is not authorized to use, or merely the characteristic part thereof, if it is liable to mislead or confuse consumers; 7) Names of individuals or pictures without the consent of the persons to whom they belong, or if the latter are deceased, of their heirs or relatives to the fourth degree, or when consent is obtained, if disrespect or discredit of such person is caused; 8) Signs that infringe copyrights or industrial property rights; 9) Signs with symbolic meaning, namely religious symbols, unless authorization is obtained; 10) Expressions or devices contrary to morality or against Portuguese or Community law or public order; 11) Signs that are liable to mislead the public, namely as to the kind, qualities, purpose, or geographical origin of the product or service designated by the trademark; or 12) Reproduction or imitation as a whole or in part of a trademark previously registered by another for the same or similar service or product, which might mislead or confuse consumers. Registration will also be refused for trademarks that are totally or essentially the reproduction, imitation, or translation of another trademark well known in Portugal to belong to a national from a member state of the Union, for similar products or services. Such applications will be refused even if they designate products or services which are not similar if the trademark is graphically or phonetically identical or similar to a highly renowned trademark in Portugal or in the European Union and the applicant intends to derive undue benefit from the distinctive character or prestige of the trademark or may prejudice these aspects.

Rights

An entity using an unregistered trademark for a period not exceeding six months shall enjoy, during this period, a right of priority for filing the registration thereof and may oppose applications filed by third parties during such period.

Filing Requirements

The following documents are required for registration: -Authorization of officially recognized agent or attorney, simply signed. - Two prints of the trademark to be registered (prints in color are required if colors are claimed).

Evaluation & Review

At the expiration of the period for filing oppositions or when discussion is terminated, the Trademark Office will study the application. This investigation consists principally and necessarily of an examination of the mark to be registered, during which it is compared with marks registered for the same products or similar products. Thereafter, the application is made the subject of inquiry and passed for registration.

Duration

Registration of a mark lasts for a period of 10 years from the date of the decision granting the registration and is renewable indefinitely if applied for either within the last six months of that period or, on payment of an extra fee, up to six months after its date of expiration. After a cancellation by the Trademark Office, revalidation of the registration may also be applied for within a period of one year from the date of publication of the cancellation in the Official Gazette and upon payment of an extra fee. A declaration of intention to use the mark must be filed with the National Industrial Property Institute within six months prior to the expiration of each five-year period of registration; otherwise, the mark may be canceled.

Use

A declaration of intention to use the mark must be filed with the National Industrial Property Institute within six months prior to the expiration of each five-year period of registration; otherwise, the mark may be canceled.

Domain Names

The country code top-level domain (ccTLD) ".ptV may be registered at the Fundaqao para a Computaqao Cientifica Nacional (FCCN). The domain name under ccTLD ".pt" from one entity cannot imitate a registered trademark of another entity.

Enforcement

If any products or goods which exhibit in any manner, direct or indirect, false indications of origin or denomination of origin, illegally used or applied marks or names, or in any other manner offend industrial property rights, they will be seized by the customs house when being imported or exported, in accordance with the EEC Council regulations adopted.