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.