Macau Trademark Registration

Macau is a “first-to-file” jurisdiction, which means that, as a general rule, you only obtain rights over your trademark if you register it. Unregistered marks may ser protected only in very exceptional situations, so relying on use alone is risky.

Although Macau is a Special Administrative Region of China, it has an independent trademark system. A trademark registered in China does not grant protection in Macau. To secure protection, you must file directly with the Intellectual Property Office of Macau.

It is also worth noting that use of the mark is not required in order to file or obtain registration in Macau, so you can and should register even before starting commercial use.

To register a trademark in Macau, you will generally need:

• Original Power of Attorney, signed and notarized.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average timeframe to complete the trademark registration process in Macau is around 7 months for straightforward cases. This is an estimate based on current processing times, and it may vary depending on examination issues or third-party actions.

Once your trademark is registered in Macau:

• It is valid for 7 years from the application date.
• It can be renewed indefinitely for additional periods of seven years each.
• You may request renewal from six (6) months before the expiration date and up to six (6) months after that date. Renewing after expiry will require payment of late renewal fees.

After registration, you also need to be mindful of use: if the mark is not used for a certain period, it can be attacked on grounds of non-use.

Yes. In Macau, third parties can file opposition actions against a trademark application.

• The opposition must be filed within two (2) months following the publication of the application in the official gazette.

If you believe a later application conflicts with your prior rights, this opposition window is your main tool to try to stop it before it proceeds to registration.

Use of the trademark is not required to obtain registration, but it is relevant after registration.
If a registered trademark is not used for a continuous period of three (3) years following registration, it becomes vulnerable to cancellation actions based on non-use.

Enforcing some genuine use in connection with the registered goods or services is therefore important to keep the registration safe.