Foreign-Related Intellectual Property Lawyer: How to Register a Trademark in Portugal? A Complete Guide to the Trademark Application Process!

1. Trademark Registration

Trademark protection in Portugal can only be obtained by filing an application with the National Institute of Industrial Property (INPI) and securing registration. Unregistered trademarks do not enjoy legal protection, except in special circumstances, such as well-known marks protected under international conventions.

Trademark rights are acquired through registration and follow the “first-to-file” principle. However, a prior user of an unregistered mark enjoys a six-month priority period during which it may oppose a subsequent application and file its own registration.

The same standards apply to all types of trademarks, including word marks, figurative marks, three-dimensional marks, sound marks, and certification marks / collective marks.

1. Trademark Register

Portugal maintains a public trademark register administered by INPI. The register contains national trademarks, EU trademarks, and international trademarks that are effective in Portugal.

The register can be searched online through the official INPI website. Any person may search existing trademarks to verify whether a mark is registrable or to obtain detailed information on registered marks, such as the owner, application number, registration date, and the classes of goods and services covered.

Before filing a trademark application, it is strongly recommended as a matter of regular practice to search for earlier trademarks, whether registered or unregistered. This helps applicants avoid potential conflicts with existing marks and improves the likelihood of a successful registration.

1. Term of Registration

The term of a trademark registration is ten years, calculated from the filing date.

The registration may be renewed an unlimited number of times, with each renewal extending protection for another ten years.

A renewal application must be filed within the six months preceding the expiry date. If this deadline is missed, renewal may still be requested within a six-month grace period after expiry, subject to payment of an additional fee.

If renewal is not completed within that grace period, the trademark will be deemed expired and may only be obtained again through a new application.

In Portugal, proof of continued use is not required at the time of renewal.

1. Application Requirements

A trademark application must be filed with INPI and include the following:

the applicant’s name, address, and tax number (if the applicant is resident in Portugal);

a representation of the trademark (or another form of representation allowing it to be clearly identified);

a list of goods and services classified according to the Nice Classification;

if priority is claimed based on an earlier foreign application, a declaration of priority;

authorization for the use of names, portraits, symbols, or official emblems contained in the trademark;

the regulations governing the use of collective marks and certification marks.

Multi-class applications are allowed, meaning that one application may cover multiple classes of goods and/or services.

The applicant is not required to appoint a representative in order to file the application. However, if the application is filed through a lawyer or other representative, a power of attorney must be submitted together with the application.

The current INPI filing fees are as follows: for an online single-class application, EUR 145.56; for a paper filing, EUR 291.12; for each additional class, the online surcharge is EUR 36.90, and the paper surcharge is EUR 73.80.

1. Commercial Use Before Registration

In Portugal, there is no requirement for commercial use before trademark registration.

However, after registration, the trademark must be genuinely used within five years in order to maintain the right. If such use cannot be proven, the trademark may be subject to cancellation.

1. Consideration of Prior Rights During Registration

INPI examines prior trademarks and may refuse an application if conflicting earlier rights exist.

The examination covers earlier registered trademarks, trade names, company names, well-known marks, and protected geographical indications.

1. Cancellation, Amendment, Modification, or Correction of an Application

Amendments to an application are permitted during the registration process, but only in the following circumstances:

limiting the scope of the goods and/or services covered;

correcting clerical or documentary errors, such as mistakes in the applicant’s name or address.

Substantive amendments that alter the essential characteristics of the trademark are not permitted.

The applicant may voluntarily withdraw the application at any time.

1. Division of a Trademark Application

An applicant may divide one trademark application into two or more divisional applications.

Each divisional application retains the filing date and priority of the original application.

1. Incorrect Information in an Application

If incorrect information is provided in the application, the applicant may request correction of clerical errors. If the error is substantive, such as a false ownership declaration, INPI may refuse the application or invalidate the registration.

INPI has the authority to require the applicant to correct errors or to reject applications containing false or misleading information.

1. Refusal of Registration

INPI may directly refuse an application, and common situations include incomplete application materials or violations of public order or morality.

The absolute grounds for refusal include the following:

lack of distinctiveness: signs that cannot clearly distinguish the goods or services of one undertaking from those of another;

representation issues: signs that cannot be represented in a clear and precise manner;

descriptive or generic signs: signs composed exclusively of indications relating to the characteristics of the goods, such as quality, quantity, intended purpose, or geographical origin;

customary or common terms: expressions that have become common in everyday language or established trade practice;

deceptive signs: signs liable to mislead consumers as to the nature, quality, or origin of the goods or services;

violation of public order or morality: signs containing offensive, immoral, or unlawful wording or imagery;

use of state or international symbols: unauthorized use of official emblems, flags, religious symbols, or elements protected under international agreements such as Article 6ter of the Paris Convention;

geographical indications and appellations of origin: signs that infringe protected appellations of origin, traditional wine terms, or other EU-protected agricultural indications;

imitation of official signs of honor: unauthorized use of official emblems, medals, or similar symbols;

protection of the national flag: signs consisting entirely of the Portuguese flag, or containing the Portuguese flag in a manner likely to mislead consumers, imply official endorsement, or damage the reputation of the flag.

If the application is refused on the above grounds, the applicant has the right to respond within the prescribed period and challenge the refusal decision.

1. Madrid System

Portugal is a member of the Madrid System and allows international trademark registration applications to be filed through the World Intellectual Property Organization (WIPO).

An international application may be submitted through INPI, and the process is similar to national registration.

If the international registration does not comply with Portuguese domestic legal requirements, INPI may refuse protection and must notify WIPO of that decision.

Disclaimer

Laws and procedures may change. This article provides general information only and does not constitute legal advice. If you encounter a legal dispute overseas, please contact us immediately to consult a professional foreign-related lawyer.