PORTUGAL

Portugal’s legal foundation for trademark registration is the “Industrial Property Law” and the “Decree Law 143/2008” dated July 25, 2008. Madeira and the Azores both offer protection for Portuguese trademarks. Portugal is a party to the European Union, the Madrid Protocol, and the Madrid Agreement. Registration is required to acquire trademark protection.

Requirements

A local agent must submit a trademark application to the Patent Office (INPI). All you need is an unregistered power of attorney. A domestic registration is not required for foreign candidates.

Procedure

A formal assessment, a distinctiveness examination, and a trademark search are all part of the application procedure. The entire process, from initial submission to registration, takes about 6 to 8 months. The trademark application is published for opposition purposes in the Portuguese Industrial Property Gazette prior to registration. The application is submitted for examination upon the conclusion of the opposition phase (or the filing of an opposition). The last notification is then sent out. Additionally, the trademark registration is made public. Following the application’s publication, there is a two-month opposition period that is refundable for one more month. Late oppositions will not be allowed after the stated term has ended.

Duration

In Portugal, a trademark registration is effective from the registration date for a period of ten years. Ten-year renewal periods are available for the registration.