Portugal Trademark registration
In Portugal the legal basis is the “Industrial Property Law” and the “Decree Law 143/2008” of July 25th, 2008. Portuguese trademarks are also protected on the Azores and Madeira. Portugal is a member of the Madrid Agreement, the Madrid Protocol and the European Union. Trademark protection is obtained by registration.
A trademark application has to be filed before the Patent Office (INPI) by a local agent. A non-legalized power of attorney is sufficient. Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. It takes approximately 6-8 months from first filing to registration. Before registration the trademark application is published in the Portuguese Industrial Property Gazette for opposition purposes. When the opposition phase comes to an end (or an opposition is filed) the application is submitted to an examination. Afterwards, the final notification is issued. The registration of the trademark is published as well. The opposition period is 2 months from publication of the application, extendable for an additional month. After the end of said term, late oppositions will not be accepted.
A trademark registration in Portugal is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.
NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office. EUROPEAN UNION (COMMUNITY TRADEMARK): Since this country is a member of the European Union, Trademark Protection could be obtained by registration of a Community Trademark (CTM), which is valid for a period of 10 years in all countries of the European Union. INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System). *Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.
Duly note, if the trademark has not been used within 5 years from issue of the registration certificate or has not been used later for a continuous period of 5 years, it may be subject to cancellation.