Trade Mark Laws And Regulations Portugal 2023

• Published date: 05 July 2023
• Subject Matter: Intellectual Property, Trademark
• Law Firm: Inventa
• Author: Mr Vitor Palmela Fidalgo and Júlia Alves Coutinho

1. Relevant Authorities and Legislation

1.1 What is the relevant trade mark authority in your jurisdiction?

The Portuguese Institute of Industrial Property (INPI) is the relevant trade mark authority in Portugal.

1.2 What is the relevant trade mark legislation in your jurisdiction?

The Industrial Property Code (approved by Decree-Law no. 110/2018 of 10 December 2018) is the relevant trade mark legislation in Portugal.

2. Application for a Trade Mark

2.1 What can be registered as a trade mark?

A trade mark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, or any sign that may be represented in a way that allows the object of protection to be determined clearly and precisely and that adequately distinguishes the goods or services of one entity from those of other entities.

2.2 What cannot be registered as a trade mark?

The following cannot be registered as a trade mark: signs devoid of any distinctive character; signs consisting, exclusively, of the shape, or another characteristic, that results from the nature of the goods themselves, by the shape, or another characteristic, of goods that are necessary to obtain a technical result or by the shape, or another characteristic, that gives substantial value to the goods; signs that consist exclusively of signs or indications that may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service; and signs that consist exclusively of signs or indications that have become customary in the current language or in the bona fide and established practices of the trade.

2.3 What information is needed to register a trade mark?

The name, nationality and address of the applicant and, if the applicant resides in Portugal, the VAT number. Also needed is information on the goods and/or services to be covered by the registration and their respective class or classes. If it is a mark composed of elements other than the word element, the representation of this (these) element(s) is required.

2.4 What is the general procedure for trade mark registration?

The general procedure is the following: the trade mark application is filed; within two or four weeks, the application is published; following this, there is a two-month opposition period starting from the publication date; the granting of the application occurs within four weeks from the end of the opposition period; and lastly, there are six months to pay the granting fee.

2.5 How is a trade mark adequately represented?

In any way that allows the clear and precise determination of the object of protection.

2.6 How are goods and services described?

The goods or services are grouped by the order of the classes of the international classification of goods and services, with each group preceded by the number of the class to which it belongs and designated with sufficient clarity and precision, preferably using an alphabetical list of the mentioned classification, which is adequate to determine the scope of protection requested.

2.7 To the extent 'exotic' or unusual trade marks can be filed in your jurisdiction, are there any special measures required to file them with the relevant trade mark authority?

Please see the following:

• sound trade marks must be represented in a JPEG, MP3 or OGG file;
• movement trade marks must be represented in a JPEG, MP4 or OGG file;
• multimedia trade marks must be represented in an MP4 or OGG file; and
• hologram trade marks must be represented in a JPEG, MP4 or OGG file.

2.8 Is proof of use required for trade mark registrations and/or renewal purposes?

No, proof is not needed.

2.9 What territories (including dependents, colonies, etc.) are or can be covered by a trade mark in your jurisdiction?

Only Portugal is covered, including the mainland and the islands (Azores and Madeira).

2.10 Who can own a trade mark in your jurisdiction?

Any legal or natural person with legitimate interest can own a trade mark in Portugal.

2.11 Can a trade mark acquire distinctive character through use?

Yes, a trade mark can acquire distinctive character through use.

2.12 How long on average does registration take?

On average, registration takes six months.

2.13 What is the average cost of obtaining a trade mark in your jurisdiction?

The official fee (including granting fee) for one class amount to '139.99.

2.14 Is there more than one route to obtaining a registration in your jurisdiction?

Yes, European Union trade mark and international registration can be obtained.

2.15 Is a Power of Attorney needed?

No. The Power of Attorney is required only for those being represented by someone who is not a Trademark and Patent Attorney or Attorney-at-Law.

2.16 If so, does a Power of Attorney require notarisation and/or legalisation?

No, they do not.

2.17 How is priority claimed?

Priority is claimed by indicating the date, number and country of the application in which priority is claimed.

2.18 Does your jurisdiction recognise Collective or Certification marks?

Yes, it does.

3. Absolute Grounds for Refusal

3.1 What are the absolute grounds for refusal of registration?

The absolute grounds for refusal of registration are the following:

• Lack of payment of taxes.
• Failure to present the elements necessary for a complete instruction of the process.
• Non-compliance with formalities or procedures essential for the granting of the right.
• Presentation of a request whose object is impossible or unintelligible.
• Signs that cannot be graphically represented in a way that allows the scope of protection to be clearly and precisely determined.
• Signs devoid of any distinctive character.
• Signs consisting, exclusively, of the shape, or another characteristic, that results from the nature of the goods themselves, by the shape...