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Registering a trademark with the INPI (National Institute of Industrial Property of Portugal) takes about 6–12 months if there are no oppositions or errors in the application. Complex cases may take up to 18 months.
The deadline for filing an opposition is 2 months from the publication of the application in the INPI’s official bulletin.
In Portugal, you can register word marks, figurative marks, combined marks, sound marks, color marks, three-dimensional marks, motion marks, and holograms, provided they are distinctive and can be clearly represented.
The certificate is valid for 10 years from the filing date and can be renewed indefinitely every 10 years.
The owner has the exclusive right to use the mark commercially in Portugal, prohibit others from using similar marks, and transfer or license the trademark rights.
The filing fee is approximately $150–250 per class of goods/services. Additional costs may include fees for extra classes or legal services.
No, use is not mandatory, but non-use for 5 consecutive years after registration may lead to cancellation upon third-party request.
If the trademark is not renewed within 10 years from the filing date, the registration is canceled. Reinstatement is possible within 6 months after the deadline by paying an additional fee.
A strong and legally recognized trademark safeguards your identity, reputation, and market position. Portugal, with its growing economy and strategic location in Europe, presents a promising market for businesses aiming to expand their reach. For any company looking to operate legally and securely in Portugal, trademark registration is a critical step.
Registering your trademark in Portugal not only grants you exclusive rights but also shields your brand from unauthorized copying and unfair competition. In this article, we will explore why it is vital to register your trademark in Portugal, outline the registration process, and explain how professional assistance, such as from ProfitMark, can streamline your path to obtaining a registered trademark.
Registering a trademark in Portugal provides numerous legal and commercial benefits:
Protection from Copying and Unfair Competition: A registered trademark gives you the legal right to prevent others from using identical or confusingly similar marks that could harm your brand's reputation or mislead consumers.
Exclusive Rights: Once your tm logo or brand name is officially recorded as a registered logo, you hold exclusive rights to its use in connection with the goods and services covered by the registration.
Increased Brand Value: Having a trademark registered logo enhances the value of your company, as the brand itself becomes an important business asset.
Licensing and Franchising Opportunities: A registered mark allows you to license your brand or franchise your business model confidently, opening new revenue streams.
Legal Advantages in Disputes: In cases of infringement or trademark disputes, possessing a registration markprovides stronger legal grounds to protect your rights.
The process of registering a trademark in Portugal is regulated by the National Institute of Industrial Property (Instituto Nacional da Propriedade Industrial, INPI). Here are the main stages of the tm registration:
Preliminary Trademark Name Search
Before filing, conducting a trade mark office search is crucial to ensure your proposed tm logo or name is unique and does not conflict with existing registered trademarks. This reduces the risk of rejection.
Filing the Application
Submit the trademark application to INPI, including all required documents such as a clear depiction of the tm trademark logo, classification of goods or services, and applicant information.
Formal Examination
INPI reviews the application for compliance with formal requirements.
Substantive Examination
The office examines the mark for distinctiveness and possible conflicts with prior trademarks.
Publication
The trademark application is published for opposition. Third parties can file objections within a specified period.
Registration and Issuance of Certificate
If no opposition is successful, INPI grants the registered trademark status and issues a certificate. You will receive your registration mark confirming your exclusive rights.
A clear image or representation of the tm logo trademark.
Details of the applicant (individual or company).
Description and classification of goods or services (according to the Nice Classification).
Power of attorney, if using a trademark attorney or agent.
Proof of payment of the application fee.
Typically, the tm registration process in Portugal takes about 6 to 12 months, depending on the complexity of the case and whether oppositions are filed. Delays may occur if objections arise or if additional information is required.
Portugal maintains a comprehensive national register of trademarks, accessible online for trademark name search and verification. Without professional assistance, navigating the application process can be complicated due to strict procedural requirements, the need for precise documentation, and understanding legal nuances regarding restricted trademarks.
ProfitMark offers expert guidance throughout the tm registration journey:
Comprehensive Support: From initial trade mark office search to the final issuance of your registered logo, ProfitMark manages every step.
Preliminary Trademark Search: We perform in-depth searches to assess the uniqueness and registrability of your tm logo.
Remote Application Submission: You don’t need to be physically present; ProfitMark files documents electronically on your behalf.
Legal Support: If oppositions or legal challenges arise, our specialists provide professional representation.
Transparent Pricing and Deadlines: Our fixed-price services come with clear timelines, so you always know what to expect.
Over 13 years of experience in trademark registration services.
Successful registrations in more than 30 countries worldwide.
A team of international experts with deep knowledge of intellectual property laws.
Personalized, professional service tailored to each client.
Convenient online service enabling you to manage your application remotely.
Commitment to quality and customer satisfaction.
Don’t delay protecting your brand’s future. Registering your trademark in Portugal safeguards your rights and opens up new business opportunities. With ProfitMark, the entire process of securing your registered trademark will be simple, transparent, and reliable.
Contact ProfitMark today and take the first step toward securing your brand’s value and market presence in Portugal!