Trademarks Law in Portugal
Here is an overview of Trademarks Law in Portugal:
๐ต๐น Trademarks Law in Portugal
Legal Framework
Trademark protection in Portugal is governed by both national and European Union law, specifically:
Industrial Property Code (Cรณdigo da Propriedade Industrial) โ Decree-Law No. 110/2018, as amended, governs national trademarks.
EU Trademark Regulation (EUTMR) โ For protection across the European Union.
Portugal is also a party to major international treaties such as:
The Paris Convention
The Madrid Protocol
The TRIPS Agreement
Competent Authority
The Instituto Nacional da Propriedade Industrial (INPI) โ Portuguese Institute of Industrial Property โ handles trademark applications, renewals, oppositions, and cancellations at the national level.
At the EU level, trademarks are handled by the European Union Intellectual Property Office (EUIPO).
Key Features
Definition of a Trademark
A trademark is any sign capable of graphical representation and of distinguishing the goods or services of one enterprise from another. This can include:
Words
Logos and images
Letters and numerals
Shapes of products or packaging
Colors or sounds
Types of Trademarks in Portugal
National Trademarks (via INPI)
EU Trademarks (EUTM) (via EUIPO)
International Trademarks designating Portugal via the Madrid System
Registration Process
File an application with INPI, including representation of the mark, owner details, and classification (Nice Classification).
INPI conducts a formal and substantive examination.
If accepted, the application is published in the Boletim da Propriedade Industrial for a 2-month opposition period.
If no opposition or if opposition is resolved, the trademark is registered.
Duration and Renewal
Protection lasts 10 years from the filing date.
Renewable indefinitely for further 10-year periods.
Rights Conferred
Exclusive rights to use the mark for the registered goods/services.
Right to prevent others from using identical or confusingly similar marks.
Legal action for infringement, including injunctions, damages, and seizure of counterfeit goods.
Opposition and Cancellation
Third parties can file oppositions within 2 months of publication.
Trademarks can be invalidated or cancelled due to non-use (for 5 consecutive years), bad faith registration, or conflict with earlier rights.
Infringement and Enforcement
Infringement is subject to civil and criminal actions.
Enforcement may involve customs measures and court proceedings.
Specialized IP courts exist in Portugal for handling disputes efficiently.
Summary
Portugal offers robust trademark protection through its national system (INPI), the EU system (EUIPO), and the international Madrid system. The process is relatively straightforward and harmonized with EU and international standards.
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